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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant (in fact-finding, unreasonable sentencing) 1) did not assault the victim B, as stated in the facts constituting an offense in the original judgment, even if the Defendant’s act is found guilty of all of the Defendant’s act, the lower court’s sentencing (eight months of imprisonment) is excessively unreasonable.
(F) 2.2
The sentencing of the lower court on the grounds that the sentencing of the prosecutor (e.g., misappropriation) is unreasonable.
2. Determination
A. The following circumstances acknowledged by the court below's decision on the defendant's assertion of mistake of facts and the evidence duly adopted and examined by the court below and the court below's decision on the defendant's argument of mistake, i.e., (i) the victim B, at an investigative agency, stated that "the victim B, who had been aware of the victim's right at ordinary level, was drinking together with the person who was in his school, was trying to drink it, but the defendant refused to do so, and the defendant was able to bring his face at one time due to the defect that the defendant would not desire to do so, and (ii) at the time, the above victim was abused from the defendant on the bridge at the time of reporting to 112, and according to the victim's photograph taken by the police officer, it is confirmed that the above victim's wife appears to have come beyond knee, and (iii) there is no reasonable reason to believe that the victim's statement was contradictory or inconsistent with the above victim's statement, and there is no motive to find the defendant's motive to report it to the investigation agency.
Therefore, the defendant's above assertion is not accepted.
B. Determination on the assertion of unfair sentencing by the Defendant and the prosecutor is a discretionary determination based on the statutory penalty that takes into account the conditions for sentencing under Article 51 of the Criminal Act within a reasonable and appropriate scope.