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1. The judgment below is reversed.
2. Defendant shall be punished by a fine of KRW 1,000,000.
3. The above fine shall be imposed on the defendant.
Reasons
1. Summary of grounds for appeal;
A. The misunderstanding of facts and misapprehension of the legal doctrine (as to the acquittal part of the judgment of the court below), the victim C, in the police investigation, was found to fall into the ground floor of the victim by considering the victim's scam at the time.
“The victim’s statement to the purport that “the victim made a statement” is admissible in accordance with Article 314 of the Criminal Procedure Act, comprehensively taking account of the following: (a) the victim’s statement to the effect that he/she was voluntarily present at the police immediately after the occurrence of the instant case; (b) the developments leading up to the Defendant’s vision; (c) the developments leading up to the Defendant’s assault; and (d) the developments leading up to the occurrence of the instant case by the G; and (d) the developments leading up to the occurrence of the instant case.
Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment, on the ground that the admissibility of evidence is denied.
B. The sentence that the court below rendered unfair sentencing (one hundred thousand won in 500,000 won) is too unhued and unfair.
2. On February 25, 2016, the Defendant filed an appeal against the lower judgment on February 25, 2016, and failed to submit a statement of reasons for appeal within 20 days from the date of service, which is the period for submitting a legitimate reason for appeal, even after receiving a notice of receipt of the record of trial from the lower court on March 21, 2016. The record of this case is based on the records of this case, the reason for ex officio investigation is not discovered, and the petition of appeal does not
3. Determination of the Prosecutor’s misunderstanding of the facts and misapprehension of the legal doctrine
A. The summary of this part of the facts charged is that the Defendant, around May 21, 2014, took a bath on the following grounds: (a) on the F cafeteria operated by E in Jinju-si on May 21, 2014; and (b) on the ground that E drinks with alcohol, and (c) E drinks with bad things, the Defendant is on the right side of E with left hand.