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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant (the part of the crime) and Defendant 1 did not err by misapprehending the legal doctrine or by misunderstanding the fulbage of the victim E, thereby committing assaulting the above victim beyond the floor. 2) The sentence (one million won of fine) sentenced by the lower court of unreasonable sentencing is too unreasonable.
B. As to the part of the injury inflicted on the victim E, the Defendant, at the time of the instant crime, had dolusence that the said victim would have been injured by the victim when she got out of the main floor at the time of the instant crime. In fact, the said victim got out of the right slot, and thus, the Defendant committed the crime of injury to the above victim. Nevertheless, the lower court found the Defendant not guilty of this part of the facts charged, which erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. 2) As to the part of the injury inflicted on the victim B, the said victim stated consistently in the investigative agency and the court of the lower court that “the victim made a statement that “the Defendant was harming the above victim,” and even witnesses, such as the victim E and G, made a statement that “the Defendant was harming the above victim,” thereby establishing the crime of injury to the said victim.
Nevertheless, the lower court found the Defendant not guilty of this part of the facts charged, which erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
2. The judgment of the court below on the Defendant’s assertion of misunderstanding of facts or misunderstanding of legal principles: (a) it is true that there is a face of difficulty in believing each of the statements made by the victim E, G, and B as they are; (b) if considering the above statements and photographs of F (the Defendant’s daily behaviors) together with the statements and photographs of F, the court below determined that the Defendant’s act of damaging the victim E as stated in the facts constituting a crime in the judgment of the court below was recognized; and (c