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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Fact-finding 1) In light of the reliable and consistent statement made by the victim K with regard to the injury on April 5, 2016, it is recognized that the Defendant inflicted an injury on the part of the above victim by threatening the above victim. Nevertheless, the lower court erred by misapprehending the fact without reliance on the victim’s statement, and thereby making it impossible to recognize the fact that the Defendant inflicted an injury on the above victim. 2) In regard to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) by the victim K and the Prosecutor’s Office, the Defendant was subject to a large-scale investigation at the victim K and the prosecutor’s office, and the Defendant’s act constitutes a retaliation or a simple intimidation.
Nevertheless, the lower court erred by misapprehending the fact that the Defendant’s act did not constitute a intimidation or intimidation.
B. The sentence imposed by the lower court on the Defendant (one year of imprisonment, two years of suspended execution, probation, and community service order) is too uneasible and unreasonable.
2. Judgment on the assertion of mistake of facts
A. On April 5, 2016, the collective opinion presented to the trial division as to the recognition of facts by a juror composed of citizens cultivated by undergoing strict selection procedures in criminal proceedings conducted in the form of a participatory trial conducted in order to enhance the democratic legitimacy and trust of the judiciary is effective as a recommendation to assist the judgment of the fact-finding judge who has the exclusive right to the preparation of evidence and fact-finding under the principle of substantial direct examination and court-oriented trials. Since the jury participated in the whole process of fact-finding, such as examination of witness, and then participates in the whole process of fact-finding, and then the verdict of innocence issued by unanimous opinion on the admission of evidence, such as the credibility of the witness's statement, is consistent with the jury's conviction.