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Defendant
All A and prosecutor appeals are dismissed.
Reasons
1. Summary of grounds for appeal;
A. There is no possibility that the Defendant’s comments posted by Defendant A (as to defamations among the facts charged) may spread, and there is a public performance.
subsection (b) of this section.
Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
B. According to the evidence submitted by the prosecutor, the prosecutor 1) found Defendant B guilty of the injury inflicted on the victim jointly with Defendant A, but the court below found Defendant B not guilty and recognized the injury inflicted on the victim as the sole crime by Defendant A. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
2) It is unfair that the sentence imposed by the lower court against Defendant A (2 million won in penalty) is too unhued and unreasonable.
2. Determination
A. The defendant in the judgment of the court below as to the defendant A's assertion also asserted the same purport as the above facts alleged, and the court below rejected the above assertion in light of the evidence duly admitted and investigated by the court below. Thus, the judgment of the court below is justified, and the above assertion by the defendant is without merit.
B. The lower court determined that there was insufficient proof as to the prosecutor’s assertion of mistake of the facts by the prosecutor, which caused the injury to the victim jointly with Defendant A.
In light of the records, such determination by the court below is justified, and accordingly, the evidence alone submitted by the prosecutor alone proves that the facts charged against Defendant B are beyond reasonable doubt.
Therefore, the judgment of the court below which acquitted the defendant cannot be seen as having erred by mistake of facts as alleged by the prosecutor.
subsection (b) of this section.
The prosecutor's above assertion is without merit.
(c)
Defendant A has caused Defendant A to commit the instant crime with respect to the prosecutor’s improper argument of sentencing.