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All of the appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The statements made by the victim and witness B to the effect that Defendant A had a view to fact (a special assault against Defendant 1) that Defendant A had a view to carrying a dangerous object, and assaulted the victim, are sufficient in light of all the circumstances.
The CCTV images, which the court below rejected the credibility of these statements, are not good, and even if so, it is confirmed that the defendant seems to display the view against the victim.
Nevertheless, the lower court found the Defendant not guilty of this part of the facts charged by mistake.
B. The lower court’s sentencing against the Defendants is too uncomfortable.
2. Determination
A. On April 8, 2020, the summary of this part of the facts charged (the point of special assault) Defendant A assaulted Defendant A (the point of this part of the facts charged) against the assault and assault of B, C, and E at the parking lot located in Gwangju Mine-gu, Gwangju, about April 8, 2020, by raising the victim C (23 tax) as drinking and sprinking, and by cutting the gate room, which is a dangerous object cited by the victim, and cutting the gate room of the victim into the part of the victim and gathering the victim towards the victim.
2) The lower court determined as follows: (a) around April 8, 2020, at the time of the instant case, the contents of CCTV images, which appears to have been entirely taken by the Defendant’s side and the victim’s side at the time of the instant case, had a view of a view of a view of a view from a view of a view of a view of a view from a view of a view of a view of a view of a view of a view of a view of a view of a golf, and the Defendant’s appearance of a tension on the floor at around 00:28:10 on the same day by the victim’s side, and the Defendant’s use of a tension on the floor at around 00:28:28:23 on the same day by citing the object from around 00:28:23 on the same day; and (b) the object was immediately used on the floor and continued to be used on the floor, and the use of the object between the parties is terminated.