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All appeals by the defendant and the prosecutor are dismissed.
Reasons
Summary of Reasons for appeal
A. Defendant 1) Inmisunderstanding the facts and misapprehending the legal principles, the Defendant did not inflict an injury on the victim as stated in the instant facts charged.
Nevertheless, the judgment of the court below convicting the Defendant of the facts charged of this case is erroneous by misapprehending the legal principles.
2) The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.
B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.
2. Determination
A. As to the Defendant’s assertion of misunderstanding of the facts and legal principles, the lower court also asserted the same purport as the grounds for appeal in this part. Accordingly, according to the statement made by each investigative agency of the victim, witness E and F, the lower court found the Defendant to have damaged the victim on the floor, and determined that, in full view of the circumstances as indicated in its reasoning, the relationship between the victim’s injury and the assault committed by the Defendant, the Defendant was also recognized, and convicted the Defendant.
2) In light of the following circumstances, the judgment of the court below which found the Defendant guilty of the facts charged of this case is just and acceptable, and there is an error of law by misunderstanding of facts or by misunderstanding of legal principles, as alleged by the Defendant, as alleged by the Defendant.
subsection (b) of this section.
Therefore, this part of the defendant's argument is without merit.
(1) F, E, a witness of the instant case, had the criminal defendant assaulted in an investigative agency.
Among the above witnesses, E appeared as a witness in the trial court and made a statement to the same effect.
Although the above people are close to the defendant, such circumstance alone seems to have no reason to make a false statement even when taking charge of punishment for perjury, each of the above statements is credibility (the above F and E are each of the above statements).