폭력행위등처벌에관한법률위반(공동상해)등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant’s assertion 1) misunderstanding of facts: (a) the Defendant was unaware of the fact that the female employed by B and the Defendant was a minor from August 16, 2017 to August 2017; and (b) the victim was assaulted by the victim AB; however, the victim was not injured thereby; (c) the Defendant’s punishment sentenced by the lower court of unfair sentencing (each of the crimes of subparagraphs 1-A, 2, 3, and 4 in the market: 2 years of suspended sentence of one year; 1-B; 6 months of imprisonment) is too unreasonable.
B. The Prosecutor’s assertion that the Defendant’s above sentence imposed by the lower court is too unfasible and unreasonable.
2. Determination
A. 1) The lower court stated that the part of the Defendant’s assertion of mistake of facts in violation of the Juvenile Protection Act was based on the evidence duly adopted and investigated: (i) the following circumstances acknowledged by the lower court; (ii) E, F, and G stated that “B was an adult; and (iii) M and N stated that “B did not attempt to verify the actual age of Domins by using an identification card; and (iv) the Defendant did not know that “B was 20 suicide, but did not present an identification card” (Evidence 2:53 pages); and (ii) B stated that “I was doubtful that Domins were 20 suicide, but did not know that it was 60 days before 20 days before 20 days after 20 days after 30 days after 20 days after 30 days after 30 days after 20 days after 20 days after 30 days after 20 days after 20 days after 20 days after 20 days after 20 days after 3 days after 20 days after 3 days after 20 days after 20 days after 3 days after 20 days after 3.