폭행
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. Although the victim of a misunderstanding of legal principles or misunderstanding of facts expressed his/her intention that he/she would not want the punishment, the court below erred by misapprehending the legal principles, which convicted the defendant. 2) The defendant only committed a mistake of facts against the victim who seeks to flee, and did not assault the victim, such as the victim's assertion.
Nevertheless, the judgment of the court below that found the defendant guilty on the premise that the defendant assaulted the victim is erroneous.
B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 800,000) is too unreasonable.
2. Determination
A. In the lower court’s determination of misapprehension of the legal doctrine and mistake of facts, the Defendant made the same assertion in the lower court, and on this occasion, the lower court rejected the Defendant and the defense counsel’s assertion that a judgment dismissing the prosecution should be rendered on the premise that the Defendant had the victim’s intention to be punished, and determined that the Defendant abused the victim.
Examining the reasoning of the lower judgment in comparison with the record, the lower court’s determination is justifiable, and it did not err by misapprehending the legal doctrine or by misapprehending the facts as alleged by the Defendant.
B. The lower court, on the assertion of unfair sentencing, determined the punishment by comprehensively taking account of the Defendant’s age, character and conduct, criminal records, circumstances leading up to the crime, attitude after the crime, etc., although the Defendant appears to have committed assault against the victim on a contingent basis, the degree of assault was not serious, but did not reflect the mistake, and did not receive a letter from the victim.
As above, the court below sentenced the defendant in full view of various sentencing conditions as shown in the arguments and records of this case, including the circumstances favorable to or unfavorable to the defendant.