beta
Text
All appeals filed by the defendant and prosecutor are dismissed.
Reasons
Summary of Grounds for Appeal
A. Defendant 1 did not commit any assault against the victim as stated in the facts charged, and instead, the Defendant only committed an act to display his hand to defend the victim in the course of assaulting the victim. 2) The lower court’s sentence of unreasonable sentencing (one year of imprisonment with prison labor for four months and one year of suspended execution) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The following circumstances revealed by the court below's legitimately adopted and examined evidence of the defendant's assertion of mistake of facts: ① The victim has consistently and specifically stated the part of the facts charged, such as the part and method, process, etc. of assault from the investigative agency to the court of the court below; ② the victim's face and site photograph, investigation report (elevator ctv image related to the elevator ctv image, and evidence No. 75 pages) immediately after the case also correspond to the victim's statement; ③ the defendant himself stated in the investigative agency to the effect that "the victim was supposed with each hand in the process of dispute with the victim on the day of the case, or was supposed with the victim's face; and thereby, the victim's awareness was diminished as stated in the facts charged."
In addition, in light of the background, process, method, and degree, etc. of the assault, the Defendant’s act is an attack against the victim, and it does not constitute a justifiable act that does not go against the current self-defense or social norms to protect the legal interests of the victim.
Therefore, this part of the defendant's argument is without merit.
3. The Criminal Procedure Act, which adopts the trial-oriented principle and the direct principle on the argument of unfair sentencing by the defendant and the prosecutor, has the inherent area of the first instance court in the determination of sentencing.