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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although the Defendant did not inflict an injury or assault on the complainant, as stated in the facts charged, the first instance court convicted the Defendant, thereby misunderstanding the facts, thereby adversely affecting the conclusion of the judgment.
B. Regarding the punishment sentenced by the first instance court (the defendant and the prosecutor), the defendant asserts that the above punishment is too unreasonable, and that the prosecutor is too uneasible to the above punishment.
2. Determination
A. It cannot be rejected without reasonable grounds the statement of a person who has observed or experienced the scene of a crime as to the assertion of misunderstanding of facts.
According to the evidence duly adopted and investigated by the first instance court, the victims specifically state the facts constituting the crime as stated in the facts charged, consistency in the core part of the statements, and conflict with other evidence, but rather accords with the injury level and degree.
The circumstances alleged by the defendant or the J alone are insufficient to dismiss the credibility of the victims' statements.
I seem to appear.
Therefore, there is an error of law that affected the conclusion of the judgment by misunderstanding the facts in the judgment of the first instance that pronounced guilty of the facts charged of this case.
The defendant's above assertion is without merit.
B. We examine both the defendant and prosecutor’s wrongful argument about sentencing.
Although the defendant is a person with hearing and speech disability, there are circumstances such as denying a crime even during the trial of the party, the defendant seems to have never shown, the defendant did not agree with the victims or make efforts to recover damage, and the defendant committed the crime of this case even though he had been punished several times due to the same kind of violence, and other circumstances such as age, sex, environment, family relationship, motive, means and consequence of the crime, etc.