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Defendant
All appeals filed against the Defendant A by the Prosecutor B and the Prosecutor are dismissed.
Reasons
Summary of Reasons for appeal
A. Defendant B (1) Although there was no fact that the Defendant, as indicated in the instant facts charged, abused the victim A and inflicted an injury, the lower court convicted the Defendant of the instant facts charged by misleading the fact.
2) The sentence sentenced by the lower court to the Defendant (an amount of KRW 700,000) is too unreasonable.
B. Comprehensively taking account of the evidence submitted by the prosecutor (Defendant A) and the prosecutor’s evidence submitted, even if the defendant was fully convicted of having inflicted an injury by assaulting the victim B as shown in the facts charged of this case, the court below erred by misapprehending the facts and finding the defendant guilty of only the crime included in the facts charged of this case (not guilty) on the ground that it is not recognized that the defendant was aware that he inflicted an injury on the victim B as shown in the facts charged of this case, but it was not recognized that he sustained an injury on the part of the victim B.
2) The sentence sentenced by the lower court to the Defendant (one million won in penalty) is too unhued and unfair.
Defendant
Judgment on the grounds for appeal in B
A. As to the assertion of mistake of facts, the Defendant had already asserted as a mistake of facts at the lower court, and the lower court rejected the Defendant’s above assertion and convicted the Defendant of the facts charged in this case on the ground of the circumstances set forth in its reasoning. When comparing this part of the lower judgment’s reasoning with the evidence adopted by the lower court, the lower court’s determination is just and acceptable, and there is no error of mistake of facts.
Therefore, the defendant's assertion of facts is without merit.
B. In light of the Defendant’s age, character and environment, relationship with the victim, motive and consequence of the crime, and circumstances after the crime, etc., the lower court should take into account all of the following factors: