All appeals by the Defendants and the Prosecutor are dismissed.

1. Of the instant facts charged against Defendant A, the lower court dismissed the prosecution as to Defendant A’s assault against the victim E, and convicted the remainder of the facts charged, and dismissed the public prosecution as to Defendant A and the prosecutor appealed on the guilty part. Since the period of appeal expires, the part of rejection of the public prosecution for which the prosecutor did not appeal is determined by the expiration of the period of appeal, the lower court should have determined that Defendant A was guilty only in the judgment of the lower court.

2. Summary of reasons for appeal;

A. Although Defendant A was not guilty of assaulting or injuring victims as stated in the facts charged, the lower court convicted all of the facts charged of this case. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. Defendant B was in a state of mental and physical loss or mental weakness by drinking alcohol at the time of the instant crime.

(c)

1) The punishment sentenced by the lower court (Defendant A: 6 months of imprisonment and Defendant B: 3 months of imprisonment) is too unreasonable.

2) The above-mentioned sentence that the prosecutor ordered Defendant A to the lower court is too unhued and unfair.

3. Determination

A. The first instance judgment on the credibility of the statement made by the witness of the first instance trial was clearly erroneous in light of the spirit of substantial direct psychologicalism adopted by the Korean Criminal Procedure Act to determine the Defendant A’s assertion of misunderstanding of facts.

Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance court by taking account of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of pleadings, the appellate court shall render a first instance judgment on the credibility of the statement made by the witness of the first instance court.