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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. According to the prosecutor (1) misunderstanding the facts, the victim, I's statement, and the medical certificate of injury, etc., the court below found the defendant not guilty of the facts charged of this case even though the defendant sufficiently recognized that the defendant inflicted an injury as stated in the facts charged of this case.
(2) The sentence sentenced by the lower court (700,000 won) is too unhued and unfair.
B. The sentence that the court below rendered by Defendant (unfair sentencing) is too unreasonable.
2. Determination
A. The lower court determined as to the prosecutor’s assertion of mistake of the facts: (a) stated to the effect that: (i) the victim was led to, or did not make a statement about, the Defendant, at the initial investigative agency; (b) the victim was investigated as the person under investigation on December 19, 2016, after the Defendant filed a complaint against the victim for the crime of injury; and (c) the Defendant was led to the Defendant’s occurrence of the Defendant’s occurrence; and (b) the Defendant was found to have suffered from the Defendant’s occurrence, i.e., “the Defendant was led to the Defendant’s occurrence; (d) the victim was able to take back the back part of the Defendant’s person; and (e) there was a lot of efreh with the Defendant’s appearance.
“In the case of a witness I’s statement to that effect, compared with the victim’s statement opposite to the Defendant and leading in retail, the victim’s statement does not coincide with the victim’s father and location; ③ the fact that the victim’s above legal statement was true and the victim, who was a visually disabled, was under the situation at the time.
Even when assumed, it is natural that the victim suffers from the danger of the defendant, who was lying behind the defendant's person, or is placed on the body of the defendant who was placed on a immediate lying, in line with the defendant's appearance, it is not natural that the victim would sit on the body of the defendant.