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Defendant
B All appeals against the Defendant C by the Prosecutor and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant B (1) In fact, the Defendant was only aware of the fighting at the time of the instant case and did not assault the victim.
Although the court below found the defendant guilty of the facts charged, the court below erred by mistake of facts.
(2) The sentence of the lower court (an amount of KRW 3,00,000) that is unfair in sentencing is too unreasonable.
(c)
In this case, the victim D consistently participated in the assault from the investigative agency to the court of the court below by creating a breath, pushingle, and scam, etc. with Defendant Cdo and B, and consistently with Defendant Cdo and B.
Since the victim's statement has been made, the victim's statement has credibility, and according to this, the facts charged against the defendant C can also be recognized.
Even so, the lower court determined that Defendant C was acquitted on the ground that there was no proof of a crime.
In this case, the court below erred by mistake of facts.
2. Determination
A. As to Defendant B’s assertion of misunderstanding of facts, the Defendant denies the instant facts charged that he/she inflicted an injury upon the victim by assaulting the victim jointly with Defendant A.
However, in an investigative agency and a court of original instance, the victim made a reply to the defendants who were punished by his pro-Japanese G and Si expenses, and the defendant her shouldered, her shouldered to another place, and walked up to A once, and the defendant her seated up to the next floor, and the defendant made a relatively consistent statement to the effect that he was pushed up several times, and Hdo investigative agency and the court of original instance led the victim, leading the victim, leading the victim at the court of original instance, and making a statement to the effect that he was able to see and she was fright up (H was difficult in the court of original instance to determine who she was able to cause the victim by causing the loss).
the question.