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Defendant
All A and prosecutor appeals are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although Defendant A spits or spits the victim B’s face, the lower court found Defendant A guilty of the facts charged of this case. In so doing, the lower court erred by misapprehending the facts.
B. Each sentence of the lower court against the Defendants by the prosecutor (each of the Defendants’ penalties of KRW 3,00,000) is deemed to be too uneasible and unreasonable.
2. Judgment on Defendant A’s assertion of mistake of facts
A. On April 4, 2017, around 21:25, the Defendant: (a) parked a vehicle in front of the F church, in front of the F church, and (b) caused a spitation of the victim by spiting the victim B and the Si expenses; and (c) caused a spitation on the face of the victim.
B. The lower court found the Defendant guilty of the instant facts charged on the following grounds.
Although Defendant A and his defense counsel asserted that there was no fact that there was an act indicated in the facts charged, it is sufficient to find the Defendant guilty of the facts charged in this case in full view of each evidence presented in the summary of the evidence above. Therefore, the above argument
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C. In light of the following circumstances acknowledged based on the evidence duly admitted and investigated by the court below and the court below, the judgment of the court below is justified, and there is no error of misconception of facts, such as the defendant's assertion, since the defendant can sufficiently recognize the fact that he spite the victim committed an assault against the victim as stated in the judgment of the court below.
① The victim consistently stated the following from the investigative agency to the court below’s court.
The victim spits or spits the defendant's face while making a dispute over the defendant's parking problem (which means 18 to 20 pages of evidence, trial records 118, 121 page of trial records). The contents of the victim's statement can be specific, consistent, and naturally reliable.
(2) CCTV images conform to the victim's statement.