beta
Text
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A. The Defendant B’s appeal is dismissed.
Reasons
1. Summary of the grounds for appeal;
A. In full view of the evidence that correspond to the facts charged against Defendant A, it is recognized that Defendant A used assault against Defendant A.
B. Defendant B was unilaterally assaulted by A, and during that process, Defendant B was faced with tables and chairs while Defendant B was faced with Defendant B. As such, Defendant B did not inflict an injury upon the victim as stated in this part of the facts charged.
2. Ex officio determination (part against Defendant A) of the judgment of the court below was made by the public prosecutor, and the facts charged against Defendant A of the judgment below (the reasons for the judgment re-written against Defendant A) No. 1-b.
As stated in the paragraph, an application for changes in the indictment was filed, and since this court permitted the changes, the part against Defendant A in the judgment of the court below can no longer be maintained.
3. Defendant B also asserted the same purport as the grounds for appeal in the judgment of the court below as to Defendant B’s assertion of mistake of facts. The court below did not seem to have any circumstance where the victim’s statement in the judgment of the court below is to be published specifically and differently, and its credibility is recognized in light of the attitude of the victim’s statement in the court below and the dialogue between Defendant B and the victim at the time when the statement was made. However, in accordance with Article 25(1) of the Rules on Criminal Procedure, the first victim’s statement at the time when the victim was assaulted is inconsistent with the record at the time when the victim was committed. However, it seems that the victim’s memory is unclear after the lapse of time.
by striking "the removal shall be corrected by correcting it."
In light of the victim’s injury level, degree, etc., as alleged by the defendant B, it is difficult to see that the victim A had reached the defendant B, as alleged by the defendant B, the defendant B is charged with this part of the facts charged.