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Defendant
All A and prosecutor appeals are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A (1) misunderstanding of facts did not inflict any injury on Defendant A because he was ill-inception.
(2) The lower court’s sentence of unreasonable sentencing is too unreasonable.
B. The prosecutor (the factual error) Defendant B injured A and damaged his safety.
2. Determination
A. (1) In light of the spirit of the substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, unless there are special circumstances to deem that the first instance court’s determination on the credibility of the statement made by a witness of the first instance was clearly erroneous, or in view of the results of the first instance court’s examination and the results of additional examination of evidence not later than the closing of argument in the appellate trial, maintaining the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is clearly unfair, the appellate court should respect the determination on the credibility of the statement made
(2) The court below acknowledged the credibility of each legal statement of B (Defendant A), G, etc., and rejected the credibility of the testimony of H and A (Defendant B), etc., and acquitted Defendant B, and acquitted Defendant B, respectively, on November 24, 2006. The court below clearly erred in the determination of the credibility of each of the above legal statements.
Since it is not deemed that maintaining the judgment of the court below on the credibility of the statement or the credibility of the statement is considerably unfair, each assertion of mistake of facts by the defendant A and the prosecutor is without merit.
B. In full view of all the sentencing conditions indicated in the records and arguments of the case of unfair sentencing and the fact that Defendant A had a criminal record of the same kind and did not agree with the victim, the lower court’s punishment is too unreasonable, and thus, the above Defendant’s allegation of unfair sentencing is without merit.
3. Conclusion.