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Defendant
All appeals filed by the Defendants B and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s punishment against Defendant B (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order) is too unreasonable.
B. Prosecutor 1) mistake of facts (as to Defendant C), the instant case and the Defendant’s daily behaviors and B caused fighting between themselves, and in full view of the statements and written diagnosis of injuries, etc. as stated in this part of the facts charged, the lower court found the Defendant not guilty of the above facts charged, which erred by misapprehending the facts and affecting the conclusion of the judgment. 2) In so determining, the lower court’s each sentence (as against Defendant A and B: 4 months of imprisonment, 2 years of suspended sentence, 2 years of suspended sentence, 2 years of suspended sentence, 120 hours of community service order) against the Defendants is too uneasy and unfair.
2. Examining the evidence duly adopted and examined by the court below regarding the prosecutor's argument of mistake of facts as to the defendant C by the prosecutor, the evidence submitted by the prosecutor alone, as stated in this part of the facts charged, is insufficient to recognize that the defendant suffered an injury to B by considering the face of B as stated in this part of the facts charged, so long as there is no reasonable doubt, and there is no other evidence to acknowledge this otherwise, and the new evidence has not been submitted in the trial.
Therefore, the prosecutor's assertion that the judgment of the court below which acquitted the defendant is erroneous in mistake is without merit.
3. The prosecutor’s assertion of unfair sentencing against Defendant A by Defendant 2 seems to have a relatively minor circumstance or damage, and the victim seems to have considerable responsibility for the occurrence of the crime or the expansion of damage, inasmuch as there is no circumstance that the victim wants to punish the Defendant and the Defendant recovered from the damage.