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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A (misunderstanding of facts, misunderstanding of legal principles, and Sentencing), as stated in the facts constituting a crime in the judgment of the court below, the Defendant did not have any tight part between the chest and the jury of the victim B, and the Defendant’s act was only passive resistance against the victim’s assault (misunderstanding of facts and misapprehension of legal principles) and even if the Defendant’s act was found guilty, it constitutes a legitimate defense or a justifiable act (misunderstanding of facts and misapprehension of legal principles). (b) The sentencing of the court below is too excessive and unfair (unfair sentencing). (1) Defendant B (misunderstanding of facts, misunderstanding of legal principles, and misunderstanding of punishment), as stated in the facts constituting a crime in the judgment of the court below, and there was no fact that the victimized person was injured at the time of the case.
In addition, even if the defendant's act was found guilty of the defendant's act, the defendant's act constitutes a legitimate defense or a legitimate act (misunderstanding of facts and misapprehension of legal principles). The sentencing of the court below (2 million won) is too unreasonable and unfair (unfair sentencing).2.
A. Determination 1 on the Defendants’ assertion of misunderstanding of facts and legal principles 1) In determining the credibility of the statements made by the victims, etc. supporting the facts charged, the court shall evaluate the credibility of the statements, taking into account all the circumstances that are difficult to record in the witness examination protocol, such as the appearance and attitude of the witness, and the penance of the statements made by the witness in the open court after being sworn before a judge, as well as whether the contents of the statements themselves conform to the rationality, logic, inconsistency, or rule of experience, or comply with the witness evidence or a third party’s statement. The court shall evaluate the credibility of the statements made by the witness, including the victim, in a case where the statements made by the witness are mutually consistent and consistent with the facts charged, and there is no other reliable evidence to deem that there is no credibility from an objective perspective.