Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (3 million won in penalty) is too unhued and unfair.

B. Defendant (1) The victim of the misunderstanding of the facts is merely the victim himself/herself, and the defendant does not have the head of the victim, and the court below found the defendant guilty of the facts charged in this case and erred by misapprehending the facts.

(2) The sentence of the lower court’s improper sentencing is too unreasonable.

2. Determination

가. 사실 오인의 점 E은 수사기관과 원심 및 당 심에서 일관되게 ‘ 피고인에게 인사를 건넸을 뿐인데 피고인이 별 이유 없이 머리로 피해자를 들이받았고, 무방비 상태에서 맞아 뒷걸음 치다가 넘어져서 머리가 땅에 부딪혔다, 그 다음에 정신을 약간 잃었다가 깨어나 119와 112에 신고를 했으며 출동한 구급 대원이 머리 상처를 치료해 주었다’ 고 진술하였다.

The credibility of the E statement can be fully recognized in full view of the following: (a) the details of receipt and the records of 112 and 119 of the report on the occurrence of a disaster; (b) the damaged photograph taken at the time of dispatch conforms to the aforementioned E’s statement; (c) the E’s testimony at the time of appearance is simple and natural; (d) the Defendant’s appearance, marking, and hands-out behavior, etc., was simply and natural; and (e) the Defendant’s 119 members, upon receiving the horses of E, lost his/her inner diameter and lost his/her spirit; and (e) there is sufficient probability that the 119 members, etc. were b

On the other hand, E made a statement to the effect that “I am off the stairs and knick on the rail,” at the latest at the Central University Hospital at night on the day of the instant case.”

However, this is not only a statement that, after the police investigation was conducted on the day of the instant case and the head's injury was taken, E applied 119 to the Emergency Medical Center, and appealed for the head, not the head, but also a statement that there was only the fact that the frying of the chest was included in the facts charged or the diagnosis letter of the Central University Hospital was submitted as evidence.