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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months and a fine of 1,00,000 won.
The above fine shall be imposed on the defendant.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts did not have used a saw to assault or inflict bodily injury on the victims by carrying a saw. The victim’s statement is contrary to CCTV images and has no evidence to prove the facts charged in the instant case, and there is an error of misunderstanding of facts in the judgment of the court below which convicted the Defendant. 2) The sentence imposed by the court below of unfair sentencing (one month of imprisonment, two years of probation, two million won of probation, two million won of fine, and one hundred and twenty hours of community service order) is too unreasonable.
B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. Determination
A. The following circumstances acknowledged by the evidence duly adopted and investigated at the court below and the court of first instance on the Defendant’s assertion of mistake of facts: (i) witness E and D, the victims, were under investigation at an investigative agency several times, including the cross-examination of the Defendant, and made a statement consistent with the facts in the instant case; and (ii) the witness’s statements in the court of original instance are the same as the contents of the statement in the instant case; (iii) the fact that the witness’s statements are difficult to find an essential contradiction between the aforementioned witnesses; and (iv) the fact that the witness’s body fighting, such as checking the victim E, who intends to enter the Defendant’s inside, appears to have been confirmed through the above CCTV image, is clearly identified, but it is impossible to confirm the distance from CCTV to the scene and the scene and the low distance from image to the sea road, making it difficult to view the above victims’ statements to be inconsistent with the victim’s CCTV during the instant investigation agency.