All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The defendant (a factual error) did not assault or inflict an injury on the victim.

Nevertheless, the court below found the victim's statement without credibility guilty of the facts charged as evidence is erroneous in the misapprehension of facts.

B. The prosecutor (a year of imprisonment and two years of suspended execution) of the lower court is deemed to be too uneasy and unfair.

2. In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of a statement made by a witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or in exceptional cases where it is deemed significantly unreasonable to maintain the first instance court’s decision on the credibility of a statement made by a witness of the first instance court in full view of the results of the first instance court’s examination and the results of additional examination of evidence conducted by the time of closing argument in the appellate court, the appellate court should not reverse without permission the first instance court’s decision on the grounds that the first instance court’s decision on the credibility of a statement made by a witness of the first instance is different from the appellate court’s decision (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012). In light of the above legal principles, considering the following circumstances, the lower court’s determination of the credibility of a witness’s statement made by a witness of the first instance court cannot be seen the facts charged.

3. The defendant repeatedly assaults the victim and repeatedly inflicts an unexpected injury on the prosecutor's assertion of unfair sentencing.