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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact-finding Defendant appears to be a clerical error in the victim C’s left side of the charges No. 1(5)5.
Although the court below found the defendant not guilty of this part of the facts charged even though he had been injured once as a elbow part of snow with elbow part, there is an error of law of mistake of facts.
B. The lower court’s sentence of unreasonable sentencing (one million won of a fine) is too unhued and unreasonable.
2. Determination
A. As to the assertion of mistake of facts, F, which was enclosed directly by the Defendant, stated in the original court that C was a victim’s own seat while being sealed between the victim C, and that C, in the telephone call with the police, the victim C was fighting and was faced with the face of the Defendant’s arms, there seems to be also likely that the Defendant would have sold the victim’s face to the blue.
However, the following circumstances revealed by the record, i.e., (1) the victim C made a statement to the effect that F was surrounded by the defendant and his behaviors, and that F was about to fight, and that the defendant was faced with the left eye and drinking, and in the court of the court of the court below, the face was unfolded with F in detail, but the face was similar to the image of the defendant while the victim was f, and the other party was f's body, but the victim was f's body, but the other party was f's body, but the other party was not a defendant. The victim's statement was made not only by an abstract side as to who was the perpetrator, but also by a concrete method (b) as to whether the perpetrator was a f's body or not, but also by the victim's statement to the effect that F was not consistent.