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Defendant
All appeals filed by A and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A (misunderstanding of legal principles and improper sentencing) was the first attack against Defendant B, and Defendant A’s act was merely a flobbbbial and hand, and thus, Defendant A’s act constituted legitimate defense. However, the lower court erred by misapprehending the legal doctrine on this part of the facts charged.
In addition, the punishment of the court below (one million won) is too unreasonable.
B. In light of the consistent statement of the prosecutor (misunderstanding of facts) and the submission of the written complaint one week after the occurrence date of the crime by the defendant A, the judgment of the court below which found the fact that the defendant Eul inflicted an injury on the defendant A, but the court below erred in the misapprehension of facts and acquitted the defendant Eul.
2. Determination
A. As to the prosecutor’s assertion, 1) Evidence of criminal facts in criminal proceedings is presented by the prosecutor, and the defendant’s defense is unreasonable and false.
Even if so, it cannot be disadvantageous to the defendant, and criminal facts must be proven by a judge to have high probability beyond reasonable doubt, and if there is no evidence to establish such a degree of conviction, even if there is suspicion of guilt against the defendant (see, e.g., Supreme Court Decision 2007Do163, Nov. 30, 2007). A and F have come to a hospital by discovering that A and F have displayed her fingers in the store of the defendant in the court of original instance at the court of original instance.
In light of the fact that a statement (5,75 pages of the record of trial) and A received an emergency treatment from the KOB Hospital in the nuclear power plant in the nuclear power plant in the nuclear power plant in the nuclear power plant in the nuclear power plant in the nuclear power plant in the nuclear power plant in the nuclear power plant in the nuclear power plant in the nuclear power plant in the nuclear power plant in the nuclear power plant in the nuclear power plant in the nuclear power plant in the nuclear power plant in the nuclear power plant in the nuclear power plant in the Republic of Korea
is estimated.
However, the court below is legitimate.