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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Prosecutor’s grounds of appeal 1) Although the victim made a little change in the statement at the court of original instance, considering the following facts: (a) the victim made a statement from the hospital immediately after the damage to the hospital; and (b) the intent to treat the victim at the time appeared as a witness at the court of original instance and made a testimony consistent with the victim’s above statement in the victim’s investigative agency, it appears that credibility exists in the victim’s statement; (c) however, the lower court rejected this decision; and (d) there was an error of misapprehending the fact that the Defendant acquitted the Defendant on the part that the Defendant was in danger of the victim, among the facts charged in the instant case, and thereby adversely affected the conclusion of the judgment. (b) The lower court’s judgment on the ground of unfair sentencing (one year and six months of imprisonment, two years of suspended execution, and eight hours
B. The reasoning of the lower court’s appeal is too unreasonable.
2. In full view of the following circumstances acknowledged by the evidence adopted and examined by the court below as to the prosecutor's assertion of mistake of facts, the court below's fact-finding and determination is just and acceptable, and there is no error of law by misunderstanding facts and affecting the conclusion of the judgment, as otherwise alleged by the prosecutor.
피해자는 2012. 7. 16.자로 원심 재판부에 ‘(피고인과) 시비 끝에 싸움을 하던 중 서로 돌은 들었으나, 본인이 순간 착각으로 돌로 맞았다고 진술한 바 있다. 잠시 기억이 흐려져서 잘못된 진술을 하였다. 이에 사건 내용을 정정하고자 자필로 진술한다’는 내용으로 진술서를 제출하였고, 그 후 원심법정에 증인으로 출석하여 '경찰서에서 조사받을 당시 피고인이 음식물 쓰레기통으로 때리지 않았다고 (부인)해서 홧김에 돌로 맞았다고 진술했지만, 시간이 지나면서 곰곰이 생각해 보니 돌로 맞지는...