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Defendant
B All appeals filed against the Defendant A by the Prosecutor and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant B (1) The Defendant did not assault A’s body part with the Defendant’s double as indicated in the facts charged. Nevertheless, the lower court found the Defendant guilty of the facts charged in this case, which erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment. (2) In the process of physical contact with A in which the Defendant, by misunderstanding the shape from the Defendant A in order to make it smooth, was committed, and this constitutes self-defense as an act to defend A’s assault.
Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in the misapprehension of legal principles as to self-defense.
B. According to the evidence submitted by the prosecutor (Defendant A), even if the defendant A sufficiently recognized that the face of the upper defendant B was damaged by the 14-day medical treatment by considering the face at one time, the court below acquitted the defendant as not guilty of this part of the facts charged, which affected the conclusion of the judgment by misunderstanding the facts.
2. Determination
A. Determination on Defendant B’s assertion 1) The investigative agency in charge of determination of mistake of facts, and from the court of the court of the court below to the court of the court below, “A” stated that the Defendant was pushed down three times on the part of the Defendant, and “A” was also made three times on the part of the Defendant. Such testimony by “A” and “G” is credibility, taking into account the circumstances where the Defendant was indicted on the grounds that the mother and child (the mother was in a parent-child relationship and assaulted by A and was under trial with the Defendant, it is difficult to find specific, consistent and consistent circumstances to deny its credibility.
In full view of the evidence duly admitted and examined by the court below including the above statements with credibility, the defendant abused A as stated in the facts charged.