Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. (1) The Defendant did not throw away a shoulder glass disease from the victim C or have committed the crime against the victim as stated in the judgment of the court below (A) by mistake of facts.

(B) The second part of the crime No. 2 of the judgment of the court below did not show that the defendant was at the time when the victim D, and if the defendant went to the same door, the above victim had already been drinking in the state of face.

(2) The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, in full view of the following circumstances revealed by evidence duly admitted and investigated by the lower court on the part of paragraph (1) of the criminal facts in the judgment of the lower court, the statement prepared by I, a witness, stated that “the Defendant was at a shouldered glass for the victim C, was at a price equal to that of the said victim, and was at the time on which the said victim was continuously reported several occasions,” and that there is credibility in the contents of the above statement as it appears that I did not have any reason to make a statement unfavorable to the Defendant, it can be sufficiently recognized that the Defendant was at a shoulder glass disease, which is a dangerous object to the said victim, and that there was a fact at the time of the said victim’s prone.

The lower court is justifiable to have found the Defendant guilty of this part of the facts charged.

(2) 원심 판시 범죄사실 제2의 가항 부분에 대하여 원심이 적법하게 채택ㆍ조사한 증거들에 의하여 알 수 있는 다음과 같은 사정들, 즉 ① 피해자 D은 경찰에서부터, 피고인이 동문로터리 분수대에서 아무런 이유 없이 자신의 얼굴을 발로 찼다고 일관되게 진술하고 있고, 위 피해자에 대한 상해진단서의 기재와 피해부위 사진의 영상이 이에 부합하는바, 위 피해자의 진술에 신빙성이 있는 점, ② 피고인은 경찰에서,...