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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment of Defendant (the fine of KRW 500,00) sentenced by the lower court is too unreasonable.
B. Prosecutor 1) misunderstanding of facts (the point of injury to Victim C) may be recognized that the Defendant inflicted an injury on the victim C, but the lower court rendered a not-guilty verdict on this part of the facts charged, and there is an error of law that affected the conclusion of the judgment by misunderstanding of facts, which affected the conclusion of the judgment. 2) The sentence sentenced by the lower court
2. Determination
A. On January 7, 2013, at the main point of "E" located in Gwangjin-gu Seoul Special Metropolitan City around 23:00, the Defendant: (a) among the facts charged in the instant case, suffered bodily injury on the victim C; (b) on the ground that, during drinking together with F, G, H, and the victim C working for the same company, the victim C suffers bodily injury on the part of the victim; (c) on the one occasion, the victim’s head was fluor; (d) the victim’s head was fluor; and (e) the victim’s head was fluored once; and (e) the victim was fluord with the victim’s fluorum and tension that requires approximately two weeks medical treatment. (b) The lower court found the Defendant not guilty on the ground that there is no evidence to acknowledge this part of the facts charged.
3) The burden of proving the facts constituting an offense prosecuted in a criminal trial for a judgment on the trial of the political party exists to the public prosecutor, and the conviction of guilt is based on evidence with probative value that leads to the judge to feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is doubt as to the defendant’s guilt, it shall be determined with the benefit of the defendant (see, e.g., Supreme Court Decision 2009Do1151, Jul. 22, 2010). The defendant is consistently charged with this part of the facts charged by the investigative agency up to the trial at the trial of the prosecution.