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The judgment below
The remainder of the acquittal part against the victim B shall be reversed.
Reasons
1. Summary of grounds for appeal;
A. Although the prosecutor (as to the part not guilty of assault) made a specific and consistent statement that the victim B was assaulted by the defendant, such as the facts charged, the judgment of the court below which acquitted the defendant of this part of the facts charged is erroneous in misconception of facts
B. (1) The Defendant did not assault E as stated in the facts charged.
(2) The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.
2. Of the facts charged against the Defendant, the lower court acquitted the Defendant on the insult and assault against the victim B, and convicted the Defendant on the remainder. The Prosecutor appealed on the part of the acquittal of the victim B, and the Defendant appealed on the guilty part.
The judgment below
Since the portion of innocence against the victim B is separated and determined by the expiration of the appeal period, it shall be excluded from the scope of the judgment of this court.
3. Judgment on the prosecutor's assertion of mistake of facts
A. On July 17, 2018, the summary of this part of the facts charged is that the Defendant assaulted the Victim B by assaulting the Victim B, a spouse of the Victim B (year 76) in front of the community hall as indicated in the judgment of the Defendant around July 18, 2018, and assaulted the Victim B by cutting down both arms of the Victim B and cutting off.
B. Specific determination by the lower court is based on the evidence duly admitted and investigated by the lower court, namely, ① the victim B consistently testified from the investigative agency to the court of the lower court on the background of the crime, the situation at the time, etc., and the victim B’s statement on the part unfavorable to himself/herself, such as “the Defendant who expressed a desire to do so,” and the victim B’s statement on the part is credibility, and ② the victim B was in favor of the Defendant.”