Text
Defendant
All appeals filed by A and the prosecutor against the Defendants are dismissed.
Reasons
Summary of Reasons for appeal
A. Defendant A did not assault the victim.
B. Prosecutor 1) misunderstanding the facts (as to Defendant B and C), the victim assaulted the victim by Defendant B and C
A witness I made a statement that the Defendants unilaterally got the victim.
Since the above Defendants made a statement, they jointly with Defendant A, and thereby, the victims can be recognized to have suffered from the spath of 3 weeks of her own care, the right side of the spath of her own care, etc.
2) Improper sentencing (for Defendant A), the sentence (7 million won in penalty) imposed by the lower court (for Defendant A) is too unhued and unreasonable.
2. Determination
A. The lower court found Defendant A guilty of this part of the charges, taking into account the following facts: (a) the victim consistently stated from the investigative agency to the court of the lower court that “Defendant A had the victim’s face at the time of drinking”; and (b) the witness I also stated in the investigative agency and the court of the lower court that “the Defendant had taken the victim’s face at the time of drinking or drinking” as stated in the facts charged in the instant case.
2) According to the CCTV-cap photographs installed at the entrance of “E” entertainment stations (hereinafter “instant main points”), Defendant C and Defendant A were outside the main points of this case, and Defendant C showed the appearance of Defendant A’s moving back to the main points of this case, and Defendant C’s moving back again to the main points of this case, the judgment of the court below convicting the Defendant of this part of the facts charged is just and there is an error of law by misunderstanding the facts alleged by Defendant A.
subsection (b) of this section.
B. The lower court determined as to the prosecutor’s assertion of mistake of facts, ① the victim cannot properly memory the situation at the time of the instant case.