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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. According to the evidence of the court below, such as the statement of the victim of the non-guilty part of the defendant A and B in the investigation agency and the statement of the medical certificate of injury, etc., the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment, although it was possible to find the defendants guilty of the charges of joint injury by the defendant A, which affected the conclusion of the judgment. 2) The court below found the defendant guilty of the charges of injury to the defendant according to the evidence of the court below, including the statement of each investigation agency of the defendant and the victims, each of the medical records, etc.
B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment for each of the Defendant A and D, two years of suspended execution, and probation) is too uneasible and unreasonable.
2. Determination
A. On October 9, 2009, the summary of the facts charged is as follows: (a) at an empty shop adjacent to “N” located in Yongsan-gu Seoul Metropolitan Government, on October 2009, at around 20:0, the Defendants 1: (b) Defendant A claimed that the victim O (the age of 37) “I am dead at one time”; and (c) Defendant B spit the victim’s face and body at one time, depending on the rain located therein; and (d) Defendant B sar the victim’s chest at one time, and sar the victim’s chest at one time. Ultimately, the Defendants shared the victim, as seen above, and the lower court determined that the victim was injured solely by the victim, as seen above; (b) Defendant B did not assert that there was an injury on the victim’s part of the two parts; and (c) Defendant B did not appear at the scene at the time, and there was no evidence submitted by the prosecutor at the trial site as alleged by the prosecutor at the lower court.
In addition, it is not sufficient to recognize that there was an injury to theO in collaboration with Defendant A, and there is no other evidence to acknowledge it.