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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. According to the evidence submitted by the prosecutor of the fact-finding, although the defendant could sufficiently recognize the fact that the defendant inflicted an injury by assaulting the victim on the first floor of funeral ceremony, the court below acquitted the defendant of this part of the facts charged, which affected the conclusion of the judgment.
B. The sentence of the lower court that is unfair in sentencing (one million won in penalty) is too unhued and unreasonable.
2. Determination
A. On July 10, 2014, at around 22:10 on July 10, 2014, the Defendant of the summary of the official death room had the victim’s head twice in his/her hands on the ground that the victim E is under the influence of alcohol, and had the victim’s face over one time at the entrance of the funeral hall on the first floor, and had the victim’s face over one time in his/her own hands, and had the victim’s face over 8 weeks at one time, and had the victim suffered an injury, such as blood transfusion, at the same time with two open wounds requiring treatment for about 8 weeks.
2) The lower court found the Defendant guilty of the charges of KRW 1,00,000,00,000, based on the evidence duly adopted and investigated by the lower court, that “the Defendant assaulted the victim’s head on two occasions on the first floor of a hospital funeral hall (hereinafter “the funeral hall”)” in the above charges, and sentenced the Defendant to a fine of KRW 1,00,00,00,000. On the other hand, “the Defendant got the victim’s face at the entrance of the first floor of the funeral hall up to one time, making the victim’s face over one time, and caused an injury to the victim’s blood transfusion, etc. without two open address for eight weeks,” among the evidence accordingly, it is difficult to believe that the victim’s statement was based on the victim’s statement, not on memory, but on G’s statement that did not directly witness the scene, and ② F’s statement was already used at the scene, and the victim did not have complied with the process.”