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Of the judgment of the court below in the first and second instances, the conviction against Defendant B shall be reversed, respectively.
Defendant
B A person shall be punished by imprisonment for two years.
Reasons
1. Of the facts charged in the instant case, the lower court dismissed the prosecution on the charge of assault and intimidation against Defendant B and sentenced the remainder of the charges.
Accordingly, Defendant B and BI, and the Prosecutor appealed, and the Prosecutor stated “the entire scope of appeal” in the “scope of the petition of appeal” (Article 228 of the trial record of 2019No906). However, the grounds for appeal and the grounds for appeal submitted by the Prosecutor are only stated in the grounds for appeal on the conviction part of the judgment below of the second instance, and there are no particular grounds for appeal on the dismissal part of the appeal.
Furthermore, on September 18, 2019, the prosecutor did not disclose the reason for special appeal as to the dismissal of public prosecution even during the third public trial of this court on September 18, 2019. In light of the above procedure, it is reasonable to view that the part concerning dismissal of public prosecution among the judgment of the court of
Therefore, the scope of the judgment of this court against the judgment below is limited to the remaining conviction except the dismissed part among the judgment of the court of second instance.
2. Summary of grounds for appeal;
A. The punishment of the lower court against Defendant B and B (the first instance court: the imprisonment of October, the suspension of the execution of the sentence of the second instance; the imprisonment of one year; the suspension of the execution of the imprisonment of one year; the probation of two years; the community service order; the community service order of 160 hours) and the second sentence against Defendant B against Defendant B is too unreasonable.
B. The second sentence of the lower court against the Defendant B and B I by the Prosecutor and the second sentence against the Defendant K (two months of imprisonment and two years of suspended execution) are deemed to be too uneased and unreasonable.
3. Of the judgment of the court below in the first and second instances, the judgment of the court below as to the conviction part against Defendant B was pronounced, and the judgment of the court of first instance was filed as to Defendant B and the prosecutor respectively, and the judgment of the court of second instance as to the judgment of the court of second instance, and the above judgment of the court of second instance are to be jointly examined.