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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A(1) misunderstanding of facts) Although Defendant A cited the brick at the time of the instant case as his hand, Defendant A was only her hand in order to put the brick in the back, and there was no threat of the victim with the brick. Defendant A’s punishment (a fine of one million won) by the lower court is too unreasonable.
B. Defendant B’s punishment (fine of KRW 700,00) by the lower court is too unreasonable.
2. Determination
A. In light of the relevant legal principles and the principle of court-oriented trials, etc., comprehensively considering the results of the first instance court’s examination and the results of further examination of evidence conducted by the time of closing argument in the appellate court, the appellate court should not reverse without permission the first instance court’s judgment on the credibility of the statement made by the witness of the first instance (see, e.g., Supreme Court Decision 2009Do14409, Feb. 25, 2010) (see, e.g., Supreme Court Decision 2009Do1409, Feb. 25, 2010). Defendant A argued to the same effect as the grounds for appeal in the instant case. The lower court stated that “The victim’s statement is consistent with the important part of the judgment on the assertion of the Defendant A and his defense counsel; Defendant A also cited a wall at the time of the instant case; Defendant A’s dumping and dumping the victim’s oral statement without attaching it to the victim, etc.