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Defendant
All appeals filed by A, B and C and prosecutor against the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A, B, and C1) misunderstanding of facts does not have any fact that Defendant A jointly confined or aided the victim AG or jointly aided the victim AO.
B) The lower court’s imprisonment (one year of imprisonment) against Defendant A is too unreasonable and unfair. (2) Defendant B did not jointly detain the victim AO or attack the victim B by committing an unfair sentencing. (b) The lower court’s imprisonment (one year of imprisonment) against Defendant B is too unreasonable and unfair.
3) The sentence of the lower court against Defendant C (one year of imprisonment, two years of suspended execution, etc.) is too unreasonable. B. It is unfair for the Prosecutor to be too unfluent that the lower court’s sentence against the Defendants (one year of imprisonment, one year of imprisonment, one year, etc., Defendant C, and D: six months of imprisonment, and two years of suspended execution.
2. Judgment on the assertion of mistake of facts by Defendant A and B
A. Although there is no new objective reason to affect the formation of a documentary evidence in the trial process, when the court of first instance intends to re-examine the first instance judgment after ex post facto and ex post facto determination, the determination of the value of evidence in the first instance was clearly erroneous.
There should be reasonable grounds to deem that the argument leading to the fact-finding is in violation of logical and empirical rules to maintain the judgment as is, and there should be no reasonable grounds to deem that the judgment is significantly unfair, and the judgment on the fact-finding of the first instance court shall not be reversed without such exceptional circumstances (Supreme Court Decision 2016Do18031 Decided March 22, 2017).
Defendant
Defendant A also argued to the same effect as the above grounds for appeal in the court below's determination of mistake of facts as to the crime against Victim AG, and the court below, in relation to the crime against the victim, Defendant A, an accomplice, conspired with Defendant A to commit a crime against Victim A in a very concrete manner in the prosecutor's office, and stated the details thereof, and Defendant A also stated in the prosecutor's office.