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The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for one year.
The judgment below
part of acquittal.
Reasons
1. Summary of grounds for appeal;
A. The sufficient evidence found at the scene of the crime committed by the Defendant, which was led by the Prosecutor, and the sufficient evidence found at the scene of the crime committed by F, which was acquitted by the lower court, are consistent. The geographical distance at this two places of crime is within 100 meters, and the victim’s memory may be inaccurate.
In full view of these circumstances, F part of the facts charged was proved without reasonable doubt.
Although the court below rendered a not guilty verdict on this part of the facts charged, there is an error of law by misunderstanding facts and affecting the conclusion of the judgment.
B. The defendant and the prosecutor argued that the amount of the punishment is unfair, because the defendant is too unreasonable (one year and six months of imprisonment). The prosecutor asserts that the amount of the punishment is too uneasible, and that the amount of the punishment is unfair.
2. Determination
A. According to the evidence duly admitted and examined by the lower court as to the prosecutor’s assertion of mistake of facts, it is acceptable that various circumstances recognized in the “2. Judgment” among the “non-crime portion” of not more than 3 pages of the lower judgment are justifiable.
In light of these circumstances, the evidence submitted by the prosecutor alone is insufficient to recognize that the charges of assaulting the victim H were proven to the extent that there is no reasonable doubt as to the victim's face and assaulting the victim H, when the victim H returned to Korea on April 11, 2017.
Therefore, this part of the prosecutor's argument is without merit.
B. As to each of the unfair sentencing arguments by the defendant and the prosecutor, even though the defendant has already been sentenced to the suspension of the execution of imprisonment with prison labor due to the crime of intrusion upon residence and the crime of larceny, the defendant committed the same crime during the suspension of the execution of the sentence, and even before that, there has been a history of punishment for the same crime
However, the defendant's mistake is found to have committed his crime.