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The judgment of the court below is reversed.
Defendant
A and B shall be punished by imprisonment with prison labor for one year and six months, and by imprisonment with prison labor for two years.
Reasons
1. Summary of grounds for appeal;
A. Defendants 1) Defendant A and B were sentenced to the sentence (two years of imprisonment with labor for Defendant A, and two years and six months of imprisonment with labor for Defendant B) by the lower court, and the misapprehension of the legal principle and the misunderstanding of facts as to Defendant CA, as the examination of the lower court with respect to T and S, which is the person who made a false statement, infringed upon the right to cross-examination since the examination was conducted in essence by installing a shielding facility at the time of examination of the lower court with respect to T and S, which is the person who made a false statement, and the part of the statement of this case is inadmissible as it constitutes a specialized statement. ② Defendant C did not act as a limited executive officer, or did not have a position as executive officer at the time of the instant crime, or did not act as a senior executive officer at the time of the instant crime, and the lower court recognized Defendant C as an executive officer, which erred by misapprehending the facts and affecting the conclusion of the judgment.
3) In light of the legal principles and misunderstanding of facts, Defendant DA, who is the person making a false statement, T, or S, as the witness examination of the lower court, the examination of the defense counsel was conducted and the cross-examination was conducted, and thus, the right to cross-examination is not admissible. Some of the statements made by the parties to the instant case are inadmissible
② The lower court’s judgment that found Defendant D guilty of the instant facts charged was erroneous by misapprehending the facts and adversely affecting the conclusion of the judgment, although Defendant D was not L executives and was not at the scene of committing the instant facts charged.
B) The sentence imposed by the lower court on the Defendant of unreasonable sentencing (the imprisonment of 3 years and 6 months) is too unreasonable.
B. The sentence imposed by the lower court on the Defendants by the Prosecutor is too unhued and unreasonable.
2. Determination on the assertion of admissibility of evidence by Defendant C and D
A. As to the guarantee of the defense counsel's right to cross-examine, Article 165-2 subparagraph 3 of the Criminal Procedure Act is followed.