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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant (misunderstanding of facts and improper sentencing) 1) The Defendant did not have committed an injury to the victim on the date, time, and place of the decision of the court below.
2) The punishment sentenced by the lower court (2 million won in penalty) is too unreasonable.
B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unhued and unreasonable.
2. Determination
A. The Defendant’s assertion of mistake as to the Defendant’s factual misunderstanding is identical to that of the defense that denies the instant crime at the lower court, and the lower court has consistently made a relatively consistent statement on the background and situation of the assault, and the part of the assault, from the investigative agency to this court.
In the prosecutor's investigation, the employee F of the Defendant also committed a non-defluence in the office at the time.
The situation in which the act of damage was committed at the time of statement may be taken.
In addition, the injury part mentioned in the injury diagnosis is also consistent with the victim's statement.
on the ground that “the crime of injury was recognized.”
Examining the above facts and judgments of the court below in comparison with records, the judgment of the court below is justified (the court below has credibility as to the legal statement of the witness C of the court below).
The judgment of the court below is clearly erroneous in the judgment of the court below as to the credibility of the testimony of C solely on the grounds of the circumstances alleged by the defendant (such as the defendant's injury at the office of the defendant, immediately after the time when the defendant injured the defendant at the office of the defendant, leaving the office of another office where the employee of the defendant was employed. If the injured person was in accordance with the judgment of the court below, he cannot act as such; the time interval between the time when the victim was enrolled at the office of the defendant and the time when the employee of the defendant was left the office of the defendant is extremely short; and the defendant was found not guilty in a criminal trial based on the victim's accusation).
shall be deemed to be.