Sentencing : The sentence of the court below (1.5 million won) against the defendant is too unreasonable.

Judgment

According to the evidence duly adopted and examined by the court below regarding the assertion of mistake, the defendant can be found to have committed assault and damaged property as stated in the facts charged of this case, so the defendant's assertion of mistake is without merit.

From the police investigation to the court of the court below, the victim "the defendant continued to take a bath after leaving a taxi and did not pay the rent after having arrived at the destination."

After calculating by the card, the receipt from the distance meter of the fee is generated, and the defendant is confirmed to have a receipt and the fee meter has broken down.

J. “(f.m.) Operation and/or is compatible with the failure;

“I am, I am, I am to do so, I am to do so, I am to do so, and I am to am on two occasions.”

The aforementioned statement is consistently and specifically made to the effect that “Wood to cut off his hand twice later” (Evidence Nos. 14 and 39 of the record of evidence). The said statement by the injured party is unreasonable in light of the empirical rule or contradictory in itself, and there is no other special motive or circumstance that the injured party may make a false statement.

이 사건 당시 112 신고를 받고 출동한 경찰의 수사보고에는 피해자의 손등 부위가 발갛게 긁힌 상처가 나 있는 사진 및 요금 미터기가 고장 나서 종이 뭉치가 빠져나온 사진이 첨부되어 있다( 증거기록 21~22 면). 양형 부당 주장에 대한 판단 피고인이 벌금형을 초과하는 형사처벌 전력이 없는 점, 피고인이 피해자와 합의 하여...