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Defendant
All appeals filed by B and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The summary of the grounds for appeal by Defendant B (the part concerning the prosecution against Defendant B) was that it was impossible to inflict an injury on Defendant B in light of the health condition, extension, etc. at the time, and the lower court, which found the Defendant guilty of the injury even though the Defendant was assaulted by Defendant B, was erroneous.
B. The gist of the grounds for appeal by the prosecutor (the part concerning the prosecution against Defendant A) is as follows: according to the testimony of the public prosecutor, B, and I present as a witness at the court below, the court below rejected the credibility of the above evidence on the basis of witness G, H’s statement, and degree of injury and age in the court below which did not see the time of crime although it can be acknowledged that Defendant A inflicted an injury on Defendant B, and found the Defendant not guilty.
2. Determination
A. The judgment on Defendant B’s assertion (the part concerning the prosecution against Defendant B) of the lower court (the part concerning the prosecution against Defendant B) stated that in the investigative agency and the lower court’s court, the Defendant made a strong fating and fating the bat at A’s fats by hand, and that the Defendant did not fall easily even though he took it away. The credibility cannot be rejected solely on the grounds that the main part is consistent and concrete, and that the testimony as to the witness process and the statement was somewhat inconsistent.
On the other hand, the police H, who was dispatched to the scene at the time, confirmed the status of the upper part of A, such as evidence 21-1, No. 21-2, but told A that the defendant does not want to take the case due to the circumstances such as the possibility of retaliation against the defendant, etc., and tried to hear the defendant's statement, but the defendant made a statement that he continued to go back only to his desire, thereby supporting the witness A's statement. Thus, the witness Gap's testimony at the court below is also credibility.
Therefore, the defendant's assertion of grounds for the credibility of these testimony is without merit, and the evidence duly admitted by the court below, including this, is judged by the court below.