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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by a fine of 500,000 won.
Defendant
A.
Reasons
1. Summary of grounds for appeal;
A. The defendant A (the factual error) was not found in the defendant B.
Nevertheless, the court below convicted the defendant, which is erroneous in misunderstanding of facts.
B. The punishment (one million won of fine) imposed by the lower court by Defendant B (unfair punishment) is too unreasonable.
2. Determination
A. Defendant A’s grounds for appeal asserted to the effect that Defendant A’s judgment on the grounds of appeal was based on the following facts: (a) Defendant B, following the Defendant’s back, and sought to return to Defendant A, and then put B’s chest clothes in good hands, and did not have been put in B.
However, the witness B consistently stated in the investigative agency and the court below that “the defendant first taken off the bus and carried himself, the defendant saw, satisfing the witness sat, and satisfing the fat, and the witness satch satfat, and he was injured by the defendant’s arms.” However, the witness J made a statement to the effect that “the defendant and B were satfing the bat,” consistent with the witness’s above statement (80,81), and the witness I also made statements to the same effect (67 pages of the trial record), and in addition to the photographic evidence (9 pages) and the written diagnosis of injury (32 pages of the evidence record), it is sufficiently recognized that the defendant inflicted a bodily injury on B in the judgment.”
Therefore, the defendant's above assertion cannot be accepted.
B. The determination of Defendant B’s assertion is an injury that occurred in the course of assault by the Defendant and the victim A, but the victim A is aged 70 and the price of damaged property cannot be said to be small. The Defendant and the victim did not reach an agreement, and all the arguments of this case, such as the Defendant’s age, character, character, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, and circumstances after the crime.