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Defendant
B The appeal filed by the Prosecutor and the appeal filed by the Prosecutor are all dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant B was guilty of assaulting A by walking the body of Defendant B in the form of spath and spabling, and pushing the two arms, etc., but the lower court found Defendant B guilty of assaulting A. In so determining, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
B. In the case of Defendant B’s special assault, according to the evidence submitted by the prosecutor, including the testimony at A’s investigation agency and the original trial, C/ I’s statement at the original trial, etc., the fact that Defendant B got Mail World Cup and was fit for knee.
In the case of assault against C, according to the evidence submitted by the prosecutor, such as the C’s statement at the investigative agency and the lower court, Defendant B’s statement at the investigative agency, etc., the intention of assaulting C is recognized.
Nevertheless, the court below found Defendant B not guilty of special assault and assault against C among the facts charged against Defendant B. The court below erred by misapprehending the facts, which affected the conclusion of the judgment.
B) According to the evidence submitted by the prosecutor, including Defendant A, C, and D’s statements at the investigation agency and the lower court, G’s statements at the investigation agency and the lower court’s trial, damage photographs, diagnosis statements, and opinions, it is recognized that Defendant A, C, and D assaulted B and G for about seven weeks in order to inflict bodily injury on B, such as the 5-day right malone mar, which require treatment for approximately seven weeks, and that he/she inflicted bodily injury on B during the treatment period, such as the erode and tension. Nevertheless, the lower court found Defendant A’s simple bodily injury, but acquitted Defendant A, C, and D of the co-injury. In so determining, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment. 2) The lower court’s sentence against Defendant B, and A (Defendant B, Defendant B, a fine of one million won, and KRW A.1.5 million) is too unfair.
2.