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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A found the victim F and G at a restaurant operated by the victim F and G, discussed the issue of return of money that he left with the victim F. Defendant B was accompanied only by the victim F and the victim at the time, and the Defendants did not make the words “Fraud” to the victims or interfere with the victim’s restaurant business. However, the lower court convicted the Defendants of all the charges of this case. The lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.
B. The lower court’s sentencing (Defendant A: a fine of KRW 1 million, Defendant B: a fine of KRW 700,000) is too unreasonable.
2. Determination
A. In full view of the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the defendants can sufficiently recognize the fact that the defendants insultd the victims as stated in the judgment of the court below and obstructed the restaurant business of the victims, and the judgment of the court below does not contain any error of law that affected the conclusion of the judgment by misunderstanding the facts as alleged by the defendants, and thus, the defendants' assertion of mistake of facts
B. We examine the argument of unfair sentencing, and the fact that Defendant A had no record of other crimes except for those subject to a fine twice as to the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., and Defendant B is the primary offender who has no record of crime.
However, up to the trial of the court, the defendants cannot be deemed to seriously reflect their mistakes by denying each of the crimes of this case, and the defendants found a restaurant operated by the victims without due process and repeatedly committed each of the crimes of this case. The defendants filed a request for formal trial with a summary order of KRW 2 million for each of the crimes of this case, and the defendant Eul's fine of KRW 1 million was imposed at the court below.