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The judgment of the court below (including the part of acquittal in the reason) shall be reversed.
Defendant
A, B, and D are punished by a fine of KRW 10,00,000, and Defendant C.
Reasons
Summary of Grounds for Appeal
According to the evidence submitted by the prosecutor, the court below acquitted the Defendants on this part of the facts charged while recognizing the fact that the Defendants inflicted injury on the victims by multiple force. In other words, the court below erred by misapprehending the legal principles or erroneous determination of facts.
The sentence of the court below against the Defendants on the basis of unfair sentencing (total amounting to KRW 5 million, Defendant C, E, F, and G: each fine of KRW 5 million is imposed on the Defendants, and the sentence of the court below on the Defendants (total amounting to KRW 8 million) is too uneasible.
Judgment
The judgment of the court below on the assertion of misunderstanding of facts or misapprehension of legal principles is a group of many people who did not form an organization. The "Dam" under Article 3 (1) of the Punishment of Violences, etc. Act refers to a majority of people who could show collective power at the same time, and the majority of people's "compact" means a majority of people who are gathered in the form of multiple people, and the group of people's "compact" means a force sufficient to suppress people's will. On the premise of the legal principle that the defendants are connected with each other through their friendship or postship, the defendants are in a relationship connected with each other on the day of the instant case, but there is no evidence to deem that they formed a group or force. However, there is no evidence to prove that the defendants had formed a group or force from the previous, and the victims did not assault the victims at the same time, and the two persons did not use the force individually at a time, and the victim's abuse of force by multiple times, and the defendant B and D are relatively one of the victims's abuse of evidence.