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Defendant
C, D and prosecutor's appeals are all dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant C and D’s sentence (In case of Defendant C: 5 years of probation, probation and community service, Defendant D’s imprisonment with prison labor for a year and June 1 year, 160 hours of probation and community service, 1 year and 6 months of imprisonment) are too unreasonable.
B. According to the prosecutor (misunderstanding of facts against Defendant F) M, A, and E’s testimony, it is recognized that there was a Twork XG vehicle accompanying Defendant F on the site at the time of the instant case, and the testimony of Defendant F that Defendant F was waiting at the site is reliable, and according to this, although the facts charged in the instant case can be fully recognized, the lower court found the Defendant not guilty of the instant facts charged, it erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. Judgment on the prosecutor's assertion of mistake of facts
A. Defendants F and F, B, C, D, E, L, M, N, andO in the facts charged against Defendant F are members of the action groups belonging to the "PPPP" that engage in activities in the Southern-gu, Busan, B, C, D, L, M, P, and Chungcheong Dong-dong.
On June 17, 2008, there was a situation in which the investigators belonging to the "PPPP", the largest violent organization in Busan Metropolitan City, find out the steering staff belonging to the "PPPPP" in the vicinity of the vehicles belonging to the aforementioned "PPPPP" in the middle-gu, Jung-gu, Busan.
Then, U.S.(P9) who is the action team belonging to PPPP has been reported by the late steering staff and determined that Llursung officers want to engage in so-called "work" against PPP staff, and contact with L, etc., which is the ground of organization, etc., in Busan, Seo-gu, Seo-gu, Seo-gu, Busan, to gather under the ground of the shock-do, Seo-gu, Seo-gu, Busan, and L referred to as "U.S. P.S. P. P. P. P. P. P. P. P.S. P.S. P. P. L, in order of "J. P. P. P. P. P. P. P. P. P. P. P.S." (hereinafter referred to as "U.S. P. P. P. P.P. P. P. P. P.P. P. P.P.P.