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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) In the instant case, Defendant 1 was aware of the fact that the victim was in distressed with the victim at the time of the instant case, and did not exercise any physical power against the victim. The witness E’s statement that is contrary to this, is difficult to believe, and the elderly victim is likely to have suffered bodily injury by being used on his own floor due to a serious threat of heart, etc.
2) The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.
B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.
2. Determination
A. The defendant alleged that he did not assault the victim at the court below's decision as to the defendant's assertion of mistake of facts, and the court below rejected the above assertion by clearly explaining the defendant's assertion and its decision in detail. In light of the above judgment of the court below in comparison with the records, the judgment of the court below is just, and there is an error of law of misunderstanding of facts alleged by the defendant.
subsection (b) of this section.
Therefore, this part of the defendant's argument cannot be accepted.
B. We examine the judgment on the unfair sentencing of the defendant and prosecutor, and the court below sentenced the above sentence to the defendant on account of the reasons stated in its reasoning. The defendant's health status was not improved as referring to the 44th page of the evidence records of the physically handicapped class 4, and so on (in addition, the defendant is suffering from the troke-Jae Sim Yeng-gu.)
One of the arguments is that there is no evidence to support the crime of this case, and there is no evidence to support the crime of this case in light of the contents of the crime of this case, and that the defendant does not have the attitude of denying and opposing the crime, etc., and thus the prosecutor claims the unfavorable sentencing grounds in the trial.