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Defendant
All appeals filed by A and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although Defendant A (De facto M) has a fact that Defendant A could not take a photograph of the victim D, Defendant A had no assaulted the victim D, the lower court found Defendant A guilty of the assault committed against Defendant A. The lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.
B. Comprehensively taking account of the evidence submitted by the prosecutor (as to the defendants), the facts that the defendant Eul used violence against the victim Eul, who is a lineal ascendant, and the facts that the defendant A inflicted an injury by assaulting the victim D, although it is sufficiently recognized, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment. 2) The judgment of the court below on unreasonable sentencing (as to the defendant A: a fine of 300,000 won, and a fine of 300,000 won, a fine of 30,000 won, a fine of 30,000 won) is too uneasible
2. In full view of the evidence duly admitted and examined by the court below as to Defendant A’s assertion of mistake of facts, Defendant A may sufficiently recognize the facts of assaulting Victim D, and the judgment of the court below cannot be deemed to have erred by mistake of facts as alleged by Defendant A, which affected the conclusion of the judgment, and thus, Defendant A’s assertion of mistake of facts is without merit.
3. Judgment on the prosecutor's assertion of mistake of facts
A. The summary of the facts charged in this case against the Defendants 1) Defendant A, at his own house located in Changwon-si G around 11:00 on October 16, 201, Defendant A sent a large amount of the victim D (the Defendant 12 years of age seeks to take photographs of the Defendant’s moving to E as a mobile phone) on the ground that he wanted to take photographs of the Defendant’s moving to E, while taking the victim’s chest one time at the victim’s chest, the victim’s injury on the right scarbing in need of treatment for about 14 days.