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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment of the lower court (two years of imprisonment) is too unreasonable.
B. Prosecutor 1) misunderstanding of facts or misunderstanding of legal principles (not guilty part) Defendant assaulted the victim J and damaged the victim K’s property, such as this part of the facts charged. 2) The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too uneasible and unreasonable.
2. Determination
가. 검사의 사실오인 내지 법리오해 주장에 관한 판단 1) 이 부분 공소사실의 요지 가) 폭력행위등처벌에관한법률위반(상습폭행) 피고인은 2019. 3. 18. 07:30경 강릉시 I여인숙 2층에 있는 피해자 J(44세)의 방에서, 이전에 피해자로부터 폭행을 당한 적이 있다는 이유로 주먹으로 피해자의 얼굴을 때리고 발로 피해자의 얼굴을 찼다.
Accordingly, the defendant, who has been sentenced to imprisonment not less than twice for violent crimes, assaulted the victim during the period of repeated crime.
B) The Defendant violated the Punishment of Violence, etc. Act (Habitual destruction and damage, etc.) on the 2nd floor of the above IF operated by the Victim K at the above time. The Defendant, after assaulting J as above, sent a house visit on the part of the market price, which is the victim’s possession. Accordingly, the Defendant damaged the victim’s property during the period of repeated crime as a person who was sentenced two or more times to imprisonment with prison labor, and was damaged by the victim’s property during the period of repeated crime) on the grounds as stated in its reasoning, the lower court determined that the evidence submitted by the prosecutor alone was insufficient to recognize the fact that the Defendant assaulted the victimJ and damaged the victim’s property, and that there was no other evidence to acknowledge it, and sentenced the Defendant not guilty on the ground that there was no other evidence to acknowledge it. The judgment of the lower court is justified, and it is not erroneous in the misapprehension of facts or in the misapprehension of legal principles, thereby affecting the conclusion of the judgment
Therefore, the prosecutor's mistake.