상해
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant did not commit an injury by assaulting the victim as stated in the facts charged of this case.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misunderstanding facts and affecting the conclusion of the judgment.
B. The sentence imposed by the lower court (two years of suspended execution in August, and one hundred and twenty hours of community service) is too unreasonable.
2. Determination
A. The court below acknowledged the following facts based on the evidence duly adopted and investigated by the court below as follows: ① the victim made a statement consistent with the facts charged in this case from the investigative agency to the court of the court below; ② the degree of injury of the victim and the motive and circumstance of the dispute between the defendant and the victim; ③ The defendant acknowledged that there was a trial expense between the victim and the victim; ③ while the defendant was aware that there was a trial expense between the victim, he did not use any violence against the victim. However, according to the victim’s photograph as to the victim’s sexual intercourse, the victim’s photograph at the time of the instant case, in addition to the bodily injury of the part of the son as stated in the facts charged in this case, the victim's wife and the son appears to be sawnn
(Investigation Records 11, 13, 14). The defendant's statement is hard to believe as it is. (4) The victim reported several times at the time of this case (in particular, 98 pages). The victim seems to have escaped at the site of this case at the time of the police's dispatch and have been hiding a fear to the extent that the police was hiding on the restaurant bed in the runway. (5) The defendant argued that there was a victim's emotional injury in the course of the victim's provokinging down the defendant's left hand, and trying to cut it out. However, according to the victim's photograph, the victim's provoking part is excluded from the part of the victim.