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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (unfair sentencing) is too unreasonable.
B. Prosecutor 1) In the facts charged of this case, the facts of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) and intimidation among the facts charged of this case should be fully found by relevant evidence, but the court below acquitted the Defendant of this part of the facts charged. The court below erred by misapprehending the facts.
2) The sentence of the lower court’s improper sentencing is too uncomfortable.
2. Determination as to the prosecutor's assertion of mistake of facts
A. As to the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), the summary of the facts charged in this part is as follows: (a) around October 30, 2014, at H G office located in Yangju-si, the Defendant requested the key to the restaurant at the time when the remainder of the construction cost is paid by the victim and the pertinent restaurant; (b) however, the victim did not pay the remainder of the construction cost, or was bound by the key to the key; and (c) 2 the chair, which is a dangerous object at the above office’s book, signed in the letter of acceptance of the key, signed in the letter of acceptance of the key was received; and (d) the victim was laid down two times on the part of the victim on the book of the above office.
2) In light of the following circumstances, the lower court rendered a not guilty verdict on this part of the facts charged on the ground that “It is difficult to readily conclude that the victim’s injury as stated in the facts charged was caused by the above assault, and there is no other evidence to acknowledge it.”
A) Examining the images of the victim’s body that were taken two days after the above assault act, the victim’s body boomed up part of the bridge. If there was damage to such degree at the time, the surrounding part was damaged, and thus, such injury does not appear on the photograph. In light of the fact that such injury cannot be seen, the boomed part was prior to the above assault act.