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The judgment of the court below is reversed.
Defendant
A Imprisonment for two years, Defendant B, C, and D shall be sentenced to imprisonment for one and half years, and Defendant E, respectively.
Reasons
1. Summary of grounds for appeal;
A. The prosecutor’s sentence (unfairly unfair) of the lower court (one year of imprisonment, ten months of imprisonment, and two months of suspended execution, two years of suspended execution, and 200 hours of community service) is too unfford and unfair.
B. Defendants 1) At the time of the instant case, the Defendants and labor union members did not agree to arrest the victim K in advance to inflict an injury, and each of the instant crimes is an contingent crime that occurred due to failure to participate in a shock against the victim K.
Therefore, the judgment of the court below that the defendants and the labor union members conspired in advance to inflict harm on the victim K is erroneous in the misapprehension of legal principles.
B) The part of the violation of the Punishment of Violence, etc. Act (hereinafter referred to as the "crimes of Violence Act") (hereinafter referred to as the "victim's possession") (hereinafter referred to as the "crimes of Violence, etc.") is difficult to deem that Defendant C had started to commit the crime of arrest (hereinafter referred to as the "exercise of tangible force to the body"). Even if it can be deemed that Defendant C's act was commenced to commit the crime of arrest, it is difficult to view that the rest of the Defendants except Defendant C participated in the arrest act. Therefore, the judgment of the court below convicting this part of the facts charged was erroneous in misunderstanding of facts and misunderstanding of legal principles. (C) Defendant B and D did not participate in the act of destroying and damaging the property of Defendant A and C, and thus, the court below convicted Defendant B and D of the violation of the Punishment of Violence, etc. Act (joint destruction and damage, etc.) (d) of the Punishment of Violences, etc. Act (hereinafter referred to as "joint injury"), and did not participate in the crime of assault and injury of Defendant AD to the victim and the victim.