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Defendant
All appeals filed by A and the prosecutor against the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (a fine of 5 million won) against Defendant A (unfair punishment) is too unreasonable.
B. According to the evidence submitted by the prosecutor, the prosecutor 1) found the Defendants guilty of the facts charged against the Defendants, although the Defendants jointly and severally acknowledged the facts of causing bodily injury to the victim I as stated in the facts charged, the court below found the Defendants not guilty of the facts charged (the original judgment recognized only the Defendant A as guilty).
(2) The judgment of the court below is erroneous by misunderstanding the facts, which affected the conclusion of the judgment. 2) The sentence of unfair sentencing against Defendant A (Defendant A) is too uneasible and unfair.
2. Determination
A. In a criminal case of a prosecutor’s assertion of mistake of facts, evidence of criminal facts must be presented by the prosecutor, and even if the change of the defendant’s lawsuit is unreasonable and false, it cannot be disadvantageous to the defendant due to such reason. The proof of criminal facts should have a judge have high probability to recognize high probability to the extent that there is no reasonable doubt, and if there is no evidence to establish such a degree of conviction, it is doubtful that the defendant is guilty even if there is no evidence to establish such a degree.
Even if there is no choice but to judge the interests of the defendant.
(2) In light of the above legal principles and records, the court below's determination of not guilty of this part of the facts charged is just, and there is no sufficient evidence to acknowledge that Defendant B, C, and D jointly committed the assault of Defendant A, and thereby inflicted injury on the victim. The court below's determination of not guilty of this part of the facts charged is just, and there is no sufficient evidence to deem that this part of the facts charged merely constitutes a high probability beyond the suspicion of conviction. Thus, the prosecutor's above assertion is with merit.