폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The prosecutor's appeal is dismissed.
Summary of Reasons for appeal
A. In full view of the consistent statement about the damage situation of the victim by mistake of fact, the statement by the defendant A, and the fact that the defendant B was asked to the clothes of the defendant B, it is recognized that the defendant B inflicted an injury on the victim by the key, which is a dangerous thing, jointly with the defendant A.
Therefore, the judgment of the court below that acquitted Defendant A of primary facts charged and Defendant B of the facts charged is erroneous in the misapprehension of facts.
B. The sentence against Defendant A (two years of suspended sentence in August) of the lower court’s improper sentencing is deemed to be too uneasible and unfair.
Judgment
A. As to the assertion of mistake of facts, the lower court determined that the victim’s statement was insufficient to recognize the fact that: (a) the victim’s statement is insufficient to be reliable due to lack of consistency; and (b) the Defendant A was injured by the victim due to the key in the prosecution beyond the assault part; and (c) the evidence submitted by the prosecutor alone is insufficient to recognize the fact that the victim was injured by the victim in the form of sharing the fact that the victim was injured by the key in the key, and that there was no other evidence to acknowledge it; and (d) acquitted Defendant A
2) In full view of the following facts and circumstances acknowledged by the evidence duly admitted and investigated in the original judgment, the lower court’s judgment that acquitted Defendant A of the primary facts charged against Defendant A and the facts charged against Defendant B is sufficiently acceptable, and there is no illegality of misconception of the facts alleged by the prosecutor.
(1) The statements made by a victim are not reliable for the following reasons:
The victims of the Act are likely to have performed the alcohol at the time of the instant case (the 86th page of the trial record). The victims of the Act are the first written statement on the objects causing injury.