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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant (misunderstanding of facts and misapprehension of the legal doctrine) was well aware of the body of the Defendant, and the Defendant was aware of her body. However, there was only the fact that she had sold the Defendant by scaming the Defendant, and there was no intentional assaulting the police officer as stated in the instant facts charged.
Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby finding the Defendant guilty.
B. The prosecutor’s grounds of appeal (unfair sentencing) is unreasonable in light of the contents of the instant crime and the Defendant’s records of the crime, which is a fine of KRW 3 million sentenced by the court below, because it is too uneasible.
2. Determination
A. We examine the judgment of the court below as to the defendant's misunderstanding of the facts and legal principles. In light of the evidence duly adopted and examined by the court below, especially the statement of damaged police officers E and the victim's photograph, the defendant can sufficiently be found to have committed assault and flab by taking a trace of the victim's flab, as stated in the facts charged in this case. Thus, the judgment below convicting the defendant of the facts charged in this case is just, and the defendant's misconception of facts and misapprehension of legal principles are without merit
B. In light of the following: (a) the prosecutor’s improper assertion of sentencing was examined; (b) the defendant denies his/her criminal act despite a relatively clear evidence; and (c) the fact that there was a history of having been punished as violent crimes several times; (b) however, in full view of the degree of assault in this case; (c) the background of the occurrence of the crime; and (d) other reasons for sentencing as indicated in the arguments and records, the sentence imposed by the court below is too uneasible and unreasonable.
In the end, the prosecutor's improper argument of sentencing is not accepted.
3. Accordingly, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.