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Defendant
All appeals filed by C and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant C’s punishment (a fine of KRW 700,00) by the lower court is too unreasonable.
B. The judgment of the court below which acquitted Defendant B, even though the prosecutor (Defendant B) acknowledged that Defendant B inflicted an injury on Defendant C, is erroneous in the misapprehension of legal principles.
2. Determination
A. In full view of the following circumstances acknowledged by the prosecutor's argument of mistake of facts, the evidence submitted by the prosecutor alone is insufficient to acknowledge that Defendant B knew of the crime committed by Defendant A and inflicted injury on Defendant C by using it, and there is no other evidence to acknowledge it, and the judgment of the court below which acquitted the Defendant on the ground that there is no other evidence to acknowledge it, is just and acceptable, and there is no error of law of misunderstanding of facts pointed out by the prosecutor.
① First of all, as to the developments leading up to the occurrence of the instant case, both Defendant C and Defendant B were the occupants living in the Busan-gu S Commercial Building, Busan-gu, and both Defendant B and their wife A have been responsible for the settlement of water supply charges on behalf of F, who is the owner of the said building.
G and Defendant B, who had resided in the fifth floor of the above building, had a dispute over the settlement of water supply charges, and had the water supply business headquarters in the present site in order to pay the city expenses, and Defendant C had the place at the request of G upon request.
② The F and G appeared as a witness in the lower court’s trial, and stated that “Defendant B only told Defendant C and A’s fighting, and Defendant B did not see that Defendant C was sealed.”
③ H, who is an employee of the waterworks business headquarters, is present as a witness in the court of original instance and the defendant B does not have a face to the wall of a female, and is under fighting.