All appeals by Defendant B and Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant B (1) misunderstanding of facts did not have assaulted A as described in the facts charged in the instant case, and Defendant B’s act did not have suffered bodily injury, such as the victim’s unknown escape. Nevertheless, the judgment of the court below which found Defendant B guilty of the instant facts charged erred by misapprehending the facts, thereby affecting the conclusion of the judgment. (2) The sentence sentenced by the court below of unfair sentencing (two years of suspended sentence in June, and one hundred and twenty hours of community service) is too unreasonable.

B. According to the evidence submitted by the prosecutor (misunderstanding of facts as to the acquittal portion of the defendant A), the fact that the defendant A inflicted an injury on the victim B can be acknowledged.

Nevertheless, the judgment of the court below which acquitted Defendant A of the facts charged is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

2. 1) In full view of the following facts admitted by the lower court and the evidence duly admitted and examined by the first instance court as to Defendant B’s assertion of misunderstanding of facts, comprehensively taking account of the following facts and the circumstances inferred therefrom, the Defendant may fully recognize the fact that the Defendant inflicted an injury on A by assaulting the victim A as stated in the facts charged in the instant case.

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

① The Victim A, from the investigative agency to the court of the court below, stated that he was assaulted by Defendant B as described in the instant facts charged, relatively consistent from Defendant B, and stated that E, F, and H also correspond to the Victim A’s statement and substitution.

Although there are some parts of the statements made by victims A and witnesses, it seems that the victims A and witnesses were in a different position, and this case was made relatively short time, and the difference between the statements is very important to suspect the credibility of the victim's statements.