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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant C and D actually pushed the Defendant, and due to that reason, Defendant C and D were assaulted in that they frightened with the same pain as drinking.
Therefore, the court below found the defendant guilty of the facts charged in this case even though the contents of the defendant's complaint are consistent with the truth as a whole. Thus, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
B. The sentence imposed by the prosecutor (two-month suspended execution of imprisonment for a period of eight months, two-year community service work hours) is too unhutiled and unfair.
2. Determination
A. The court below rejected the Defendant’s assertion on the Defendant’s assertion of mistake as to the Defendant’s fact by asserting the same as the grounds for appeal in this case at the court below, and the court below stated in detail that the Defendant’s assertion and its determination are “judgment on the Defendant’s assertion” in the judgment. In addition, the court below’s aforementioned determination in detail compared with the record and examined evidence duly adopted and examined by the court below, i.e.,: (a) there was no consistent act of assaulting the Defendant from the investigative agency to the court of the court below; (b) rather, there was a fact that the Defendant used his arms while moving the cell phone; and (c) after entering the subway at the time, C was listed in the stairs of the congested and went to the place where the Defendant was getting off and open the elevator; and (b) CCTV was also in conformity with the statement of D, and (c) the Defendant also committed an assault against the Defendant in the subway vehicle.
However, according to the recording of the recording of the 112 reported telephone recording, C took the 112 reported telephone prior to his/her unloading from subway, and C took a photograph of the 112 reported telephone prior to his/her unloading.