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All of the appeals by prosecutors are dismissed.
Reasons
Summary of Grounds for Appeal
A. We affirm the judgment of the court below that the defendants' act of violence against the victim J does not constitute an act of assault with dangerous articles.
However, the court below erred by misapprehending the legal principles as to joint crimes under Article 2(2) of the Punishment of Violences, etc. Act, inasmuch as the Defendants jointly committed violence against the victimJ, upon examining the series of collective fighting between the Defendants and the victims as a whole.
B. The lower court’s sentence against Defendant B (the imprisonment of two years and six months, the suspension of execution of four years in prison, the community service work 240 hours in prison) on Defendant B is too uneased and unreasonable.
Judgment
A. The lower court determined that: (a) there was no evidence to acknowledge that Defendant B conspireds with J or jointly processed the violence against Defendant B; (b) all of the victims of the violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) against Defendant B were acquitted on the charge of violating the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.), and (c) the other victims of the violation of the Punishment of Violence, etc. Act (a collective, deadly weapons, etc.).
C. The time when the victim J was launched with carrying a pipe and the victim J was found to have been after the defendant A was drinking his face. The defendant A's assault against the victim J cannot be punished as a crime of violation of the Punishment of Violence, etc. Act (a group, deadly weapon, etc.) on the ground that it cannot be deemed that the assault against the defendant A was committed while carrying a deadly weapon, and only the crime of assault can be established. After the victim J acknowledged the fact that he expressed his intention not to be punished against the defendant A prior to the prosecution of this case, this part of the prosecution against the defendant A was dismissed.