Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) Defendant 1 did not assault the victim as stated in the facts constituting an offense at the time of original adjudication on mistake of facts. 2) The lower court’s punishment of unreasonable sentencing (one million won of fine) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. The following circumstances revealed by the evidence duly adopted and investigated by the court below, namely, ① the victim and the victim’s wife made a concrete and consistent statement from the investigative agency to the court of the court below regarding the circumstances at the time of the assault in this case; ② the victim cannot find any motive to dismiss the defendant; and ③ the defendant’s request for disclosure of information (the question that “the accurate time of receipt of the report by the resident of Pyeongtaek-si V, 21:50 on June 23, 2018, the victim’s identity and the victim’s wife did not exist in the investigation agency to the court of the court below; ② the victim did not appear to have any motive to mislead or imitate the defendant in this case as alleged by the defendant; ③ the defendant’s request for disclosure of information (“the accurate time of receipt of the report by the resident of Pyeongtaek-si, 21:50 on June 22, 2018, 200 to 24:00 on June 22, 2018) stated the victim’s statement and the victim’s statement at the time of the victim’s statement in this case “ cannot be seen.”
The judgment of the court below with the same conclusion is just, and there is a ground for appeal.