Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by a fine of 50,000 won.

Defendant

B.

A. In relation to the mistake of facts as to the injury inflicted on August 29, 2016, Defendant B (Defendant B1): The Defendant did not have any fact that the victim was pushed down or taken her head and her clothes due to his/her fingers, and the credibility of the victim’s statement cannot be acknowledged. In relation to the injury inflicted on October 9, 2017, the Defendant did not have any fact that he/she was promptly harming the victim, and the Defendant did not have any fact that he/she was harming the victim by breaking up or taking her clothes. Nevertheless, the lower court erred by misapprehending the facts, thereby convicting this part of the facts charged. However, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment of the lower court (one million won of a fine).

B. Prosecutor 1) misunderstanding of facts against Defendant B: With regard to the fact of injury inflicted on October 20, 2017, the victim made a statement with an investigative agency and the lower court specifically and consistently, and the credibility of the statement has been recognized. In addition, immediately after the occurrence of the instant case, the victim visited the hospital to obtain a written diagnosis of injury; the content of the written diagnosis of injury is consistent with the victim’s statement, and there are no special circumstances to deem that the victim suffered injury due to other circumstances than the Defendant’s act. Nevertheless, the lower court erred by misapprehending of facts, and thereby acquitted the Defendant A of this part of the facts charged. 2) In relation to the fact of assault committed on October 19, 2017, the victim made a statement of damage specific and consistent with the investigation agency and the lower court. The credibility of the statement is sufficiently recognized.

In addition, according to the results of the appraisal by the National Science Investigation Agency on CCTV video, the situation where the victim's head appears to be in contact with the victim's left-hand part of the defendant's body by extending out the victim's head, and the victim's head moves (or harshly), which is similar to the moving direction and speed of the sale on the left-hand side of the defendant, seems to be the victim's centering on weight and the left-hand hand.