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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Since the Defendant actually sustained assault from Defendant C in fact, it cannot be deemed that the Defendant filed a complaint for injury with Defendant C cannot be deemed as false facts. Even if the Defendant did not receive injury due to the Defendant’s assault but went beyond his own, the Defendant was punished during a dispute with Defendant C, and thus, it cannot be deemed that the Defendant did not have any intention to commit an intentional act with Defendant merely neglected the circumstances at the time of filing the complaint.
Nevertheless, the court below erred by misunderstanding the facts or misunderstanding the legal principles that found the defendant guilty.
B. The Prosecutor’s sentence of imprisonment (six months of imprisonment, two years of suspended execution, two years of probation, and one hundred and sixty hours of social service) is too uneased and unreasonable.
2. Determination
A. The following circumstances are: ① from the investigative agency to the court of the court below, the defendant unilaterally tried to avoid the defendant by unilaterally committing an assault from the defendant, such as opening his/her left chest, and opening his/her bridge to the court of the court below; ② from the investigation agency to the court of the court of the court of the court below, the defendant was assaulted by C to the defendant to the court of the court of the court; ② from the Jindo, at the time when the defendant used to commit an assault and inflict an injury, the defendant exceeded C, and C was unilaterally abused by the defendant to the court of the court of the court of the court of the court of the court, and C stated that there was no fact that he/she was sealed by the defendant, and as such, it is consistent with C’s statement: (i) KK, who was in the form of dispute between the defendant and C, was able to have the defendant dried and pushed the defendant over once. However, at the time of the defendant’s act, K's act was actively committed to avoid drinking.