The judgment below

On July 17, 2015, 09:30 around July 17, 2015, special assault against D, special assault against D, July 17, 2015, and special assault against D.

1. Summary of grounds for appeal;

A. The sentence of the lower court (unfair sentencing) is too unreasonable.

B. Prosecutor 1) In the instant facts charged, the lower court acquitted Defendant 1 of this part of the facts charged, on July 17, 2015, on the following grounds: (a) around 09:30 on July 17, 2015, each of the special assault, special assault against D, and each assault was found guilty by relevant evidence; (b) however, the lower court acquitted Defendant 1 of the facts charged

2) The sentence of the lower court’s improper sentencing is too uncomfortable.

2. An ex officio judgment prosecutor filed an application for changes in the indictment with respect to the charge of special assault against C on July 17, 2015, about July 17, 2015, with regard to the charge of special assault against C, among the facts charged in the instant case, as follows. This court permitted the application for changes in the subject of the judgment, thereby recognizing the Defendant guilty of the modified facts charged as follows. As such, the part of the judgment below’s conviction and the part of the acquittal of special assault against C around July 17, 2015 should be reversed in its entirety.

However, the prosecutor's assertion of misunderstanding the remainder of acquittal is still subject to the judgment of this court, and the following is examined.

3. Determination as to the prosecutor's remaining assertion of mistake of facts

A. On July 16, 2015, the Defendant committed assault against the victim D on July 16, 2015, the summary of this part of the facts charged is as follows: (a) around July 16, 2015, the Defendant left the victim D, who reported to the victim C, before the victims’ house located in the Sincheon-si E Community Center around 07:40 on July 16, 2015.

As a result, the Defendant assaulted the victim D.

2) The lower court determined that: (a) the witness C and D’s legal statement and the statement made to an investigative agency are not included in the content of a clear assault; (b) so, the aforementioned statement alone constitutes a assault against D as stated in the facts charged.

The Court rendered a not-guilty verdict on this part of the facts charged for the reason that it cannot be determined by the person.