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All appeals by the defendant and the prosecutor are dismissed.
Reasons
Summary of Reasons for appeal
A. Defendant 1) In fact, the aggrieved party argued that the date of assault is six months after the date of assault, and there was no objective material about assault, and immediately after the assault, it is difficult to believe it as it is.
2) Unreasonable original judgment: Imprisonment with prison labor for 10 months, 2 years of suspension of execution, observation of protection, and community service order
(b) Public prosecutor (unfair sentencing): Imprisonment with prison labor for ten months, two years, observation of protection, and community service order;
2. In the lower court’s determination as to the Defendant’s assertion of mistake of facts, the Defendant also asserted the same as the grounds for appeal in this part, and the lower court rejected this and found the Defendant guilty of the facts charged.
The following circumstances revealed by the evidence duly adopted and examined by the court below, namely, ① the victim made a concrete and consistent statement from the investigative agency to the court of the court below on the occurrence of the assault in this case, ② the photograph taken by the victim on the next day after the breadth contains a hole in the victim’s left eye and there seems to be an earthquake in this horse, which conforms to the victim’s assertion. ③ The victim sent the Defendant a message, “I am flick,” “I am flick,” and “I ambbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbing, etc., around August 13, 2018.