상해
Defendant
All appeals by prosecutors are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) Although the Defendant did not assault the victim as stated in the instant facts charged, the lower court found the Defendant guilty of assault against the Defendant. The lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.
2) The sentence sentenced by the lower court to the Defendant (six months of imprisonment, two years of suspended execution, and 120 hours of community service) is too unreasonable.
B. A prosecutor 1) In full view of the fact that the part and degree of the Defendant’s assaulted by the victim, which the victim stated, correspond to the name of the victim’s diagnosis, the victim visited the hospital on the day of the instant case, received the diagnosis and treatment, and subsequently visited the hospital, the court below acquitted the Defendant of the injury inflicted on the victim as stated in the instant facts charged, even though it can be recognized that the Defendant inflicted an injury on the victim, and the judgment below acquitted the Defendant of the injury.
2) The sentence sentenced by the lower court against the Defendant is too unhued and unreasonable.
2. Determination
A. The following circumstances acknowledged by the judgment of the court below and the evidence duly admitted and investigated by the court below as to the Defendant’s assertion of mistake of facts, namely, ① the victim, from the investigative agency to the court of the court below, made a consistent statement on the damaged facts in detail, “I am knee and knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee kne,” and ② the victim reported to the police immediately after the instant case, and was assaulted by the Defendant to the police officer dispatched.
A statement was made to the hospital on the day, and the face and clothes were assessed as a drinking for the reasons of the visit.
(3) Dong residents.