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Defendant
All A and prosecutor appeals are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A (1) did not assault the victim of mistake of facts.
(2) The lower court’s sentence of unreasonable sentencing is too unreasonable.
B. The Defendants jointly injured the victim.
2. Determination
A. In full view of the evidence duly admitted and examined by the court below, the defendant A (1) can find the fact that the defendant fats the victim's bat, bather bat, and sather face, as stated in the judgment of the court below, and the defendant's assertion is without merit.
(2) In full view of the records and arguments of unreasonable sentencing, the lower court’s punishment is too unreasonable as it is too unreasonable.
B. (1) In light of the spirit of the substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, unless there are special circumstances to deem that the first instance court’s determination on the credibility of the statement made by the witness of the first instance was clearly erroneous, or in view of the results of the first instance court’s examination and the results of additional evidence examination conducted by the time the arguments are concluded, maintaining the first instance court’s determination on the credibility of the statement made by the witness of the first instance court is clearly unfair, the appellate court should respect the determination on the credibility of the statement made by the witness
(2) The court below acknowledged only the crime of injury to Defendant A and acquitted the Defendants of the charges of injury on the part of the Defendants, with the purport that the remaining evidence alone is insufficient to recognize the facts charged of this case, after having undergone the examination of witness with respect to B and G, etc. (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). (2) The court below rejected the credibility of each part of the statements in this case after having undergone the examination of witness with respect to B and G, etc.