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The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of three million won.
Defendant
A does not pay the above fine.
Reasons
1. Summary of grounds for appeal;
A. Although the Defendants did not jointly inflict an injury on the victim H, the lower court erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.
B. The sentence imposed by the court below (the defendant A) on the grounds that the sentence of unfair sentencing (the imprisonment of eight months, the suspension of the execution of two years, the probation, and the community service order 120 hours) is too unreasonable.
2. In a criminal trial as to the Defendants’ assertion of mistake of facts, the recognition of facts should be based on strict evidence with probative value, which leads to a judge’s conviction to the extent that there is no room for a reasonable doubt. Therefore, in a case where the prosecutor’s proof fails to sufficiently reach the extent that such conviction would lead to such a conviction, even if the Defendant’s assertion or defense is inconsistent or unreasonable, it should be determined in the interests of the Defendant even if there is a doubt of guilt, such as where there
In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below, it is insufficient to view that the evidence submitted by the prosecutor alone constitutes a joint assault by the Defendants, without any reasonable doubt, that this part of the facts charged was proven. Therefore, the Defendants’ assertion on this point is with merit.
The direct evidence to prove the facts charged that the Defendants jointly inflicted injury on the victim is the statements of the victim H.
In addition, there are other evidences that correspond to the facts charged, such as the I's statement at the investigative agency and court and the victim H, and the written diagnosis of injury to the victim H. However, the victim's statement or the written diagnosis of injury concerning the cause of the injury is merely a mere moving of the victim's H's statement.
B. The victim H’s statement is difficult to believe as it is for the following reasons.
1 If the victim H’s statement is the same as the victim H’s statement, the Defendants.