All appeals filed by the prosecutor against the Defendants are dismissed.

1. Comprehensively taking account of the witness testimony and the evidence submitted by the prosecutor of the lower court as to the gist of the grounds for appeal (misunderstanding of facts), the Defendants sufficiently acknowledged the facts of assaulting the victim as stated in the facts charged

2. Although there is no new objective reason to affect the formation of a documentary evidence in the course of the trial, when the appellate court intends to re-examine the first instance judgment after re-evaluation of the first instance judgment, there is a reasonable ground to deem that the first instance judgment was clearly erroneous, or that the argument leading to the acknowledgement of facts was significantly unfair due to the violation of logical and empirical rules, etc. In addition, the appellate court should not reverse without any such exceptional circumstance the judgment on the establishment of facts in the first instance judgment without permission (Supreme Court Decision 2016Do18031 Decided March 22, 2017). No objective reason exists that may affect the formation of a documentary evidence in the first instance trial based on the foregoing legal doctrine, and it does not seem that maintaining the judgment of the lower court is remarkably unfair when comparing the evidence duly examined by the lower court with the content of the lower judgment.

3. The appeal against the Defendants by the prosecutor of the conclusion is without merit, and all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.