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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
The pronouncement of sentence against B shall be suspended.
Reasons
1. The gist of the grounds for appeal (misunderstanding of facts) is as follows: (a) Defendant A did not assault the Victim G; and (b) Defendant B did not err by misapprehending the facts, thereby convicting the Defendant of the facts charged in this case.
2. Determination
A. The following circumstances acknowledged by the lower court’s judgment as to the assertion of mistake of facts and the evidence duly admitted and investigated by the court below, namely, ① the victims were faced with the victim G face due to Defendant A’s fingers from the investigative agency to the court of the first instance, and Defendant B was pushed with the victim F’s body by shoulder.
Considering the fact that the victim G consistently stated, ② the recorded file in which the victim G recorded a conversation at the time of the instant case, the fact that the victim G committed assault against the victim G, and Defendant B committed assault against the victim G, in full view of the following: (a) the victim G during the dispute between the Defendants and the victims: (b) the victim G, “I with her face,” and (c) the victim G.
Therefore, the Defendants’ assertion of factual mistake is without merit.
B. Upon ex officio determination of the court below ex officio, comprehensively taking into account various circumstances, such as the following: (a) whether the sentence imposed by the court below against Defendant B was appropriate; and (b) the return of the down payment of the real estate contract arranged by the victims by the Defendants and the victims, during the dispute between the Defendants and the victims, the victim F was at the real estate office of Defendant B, and there was physical fighting between Defendant B and the victim F, which could be considered in the course of the instant crime; (c) the degree of the instant assault is minor; and (d) Defendant B was the first offender with no record of criminal punishment; and (e) the sentence imposed by the court below against Defendant B is too unreasonable.
3. Accordingly, there is a ground for reversal of the judgment of the court below as to Defendant B.