폭행
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The defendant was not guilty of assaulting the victim.
B. The punishment sentenced by the lower court (an amount of KRW 1.5 million) is too unreasonable.
2. Determination
A. In full view of the following circumstances revealed by the evidence duly admitted and examined by the lower court as to the assertion of mistake of facts, the Defendant sufficiently recognized the fact that the Defendant committed an assault by booming the victim’s bridge.
Therefore, the defendant's above assertion is without merit.
① From the filing of the instant complaint to the court of the court below, the victim: (a) at the time of the instant case, the Defendant: (b) dumpeddddddddd the fat; and (c) dumped the cell phone to report to the police; and
(2) The Defendant also has consistently stated the following facts: (a) the person who intends to report to the police at the time of the instant case (Evidence Nos. 27, 28, and 36 pages of the trial record). (b) The degree of the instant assault against the illegal allegation is not significant; and (c) the Defendant has no criminal record of the instant assault against the Defendant.
On the other hand, the fact that the defendant does not recognize his mistake up to the trial of the party, and that the defendant did not agree with the victim or take any particular measures to recover damage until the trial of the party, etc. is disadvantageous.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the sentence imposed by the lower court is too unreasonable, and thus, the Defendant’s assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.