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All appeals by the Defendants are dismissed.
Reasons
Defendant A’s mistake of facts in the gist of the grounds of appeal is the origin of the case where Defendant A had been unaware of the victim’s desire, and there was no assault by the victim by breathing bat at the time.
Unreasonable sentencing: The penalty imposed by the court below (the fine of 500,000 won) is too unreasonable.
Defendant
B misunderstanding of facts: At the time of Defendant B’s occurrence, there was no fact that Defendant B used the victim’s handure and fulbage.
Unreasonable sentencing: The penalty imposed by the court below (the fine of 500,000 won) is too unreasonable.
Defendant
In full view of the evidence duly examined by the court below as to the argument of mistake of facts as to the A's argument, the facts that Defendant A temporarily assaulted the victim's flab at the time of the time, taking into account the evidence duly examined by the court below (in particular, the victim's legal statement at the court below and the video CD and photographs supporting this)
Therefore, this part of Defendant A’s assertion is without merit.
As to the assertion on unfair sentencing, even though Defendant A had been unaware of the victim’s desire, it appears that it was the origin of the instant case. However, even though Defendant A’s act did not inflict damage on the victim, Defendant A still did not recognize the crime and did not reach an agreement with the victim, and other factors of sentencing, such as Defendant A’s age, background of the instant crime, circumstances after the crime, character and conduct, environment, etc., are considered, and thus, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.
Therefore, Defendant A’s assertion on this part is without merit.
Defendant
In full view of the evidence duly examined by the court below as to the allegation of mistake of facts as to the claim No. B, the facts that Defendant B used the victim’s handb at the time of the occurrence of flaps and flapsing the flaps, can be fully recognized by taking into account the evidence duly examined by the court below as to the argument of mistake of facts as to the claim
Therefore, this part of Defendant B’s assertion is without merit.
Unfair sentencing.