Defendant

All appeals filed against A, B, and C by the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Although Defendant A did not inflict a bodily injury upon the victim B when he/she was dead, the judgment of the court below which found Defendant A guilty of the facts charged is erroneous in misconception of facts.

B. The prosecutor (1) of the judgment of the court below that acquitted the defendant (the defendant B and C's joint property damage) of the erroneous determination of facts, despite the fact that the defendants jointly destroyed and damaged the entrance door owned by the victim, according to the evidence submitted by the prosecutor, the court below acquitted the defendant of this part of the charges, which is erroneous in the misunderstanding of facts.

(2) Each of the punishments against Defendant B and C (a fine of KRW 300,000) by the lower court is unreasonable.

2. According to the evidence duly adopted and examined by the court below, such as the victim and the victim of the appeal filed by the defendant A, the testimony of each court below, the medical certificate of injury, and the photographs of the injured party, the following circumstances are acknowledged.

(1) The victim has consistently stated the background, details, and circumstances before and after the Defendant’s assault act.

(2) The victim’s medical certificate of injury issued on the next day of the instant case and the situation, degree, and degree of damage indicated in the victim’s body photo taken at the same time are consistent with the facts charged.

(3) The objective circumstances revealed in the police officer’s statement made at the instant site also conform to the victim’s statement.

In light of these circumstances, as stated in the judgment of the court below, the defendant can sufficiently recognize the fact that the defendant inflicted a bodily injury by taking the victim and the Si reserve force against the victim.

Therefore, the defendant's assertion of mistake is without merit.

3. Judgment on the prosecutor's appeal

A. The lower court’s judgment on the assertion of mistake of facts on the grounds that when based on the following circumstances, the victim’s statement cannot be trusted, and the remaining evidence alone is insufficient to recognize the facts charged.