상해
The defendant's appeal is dismissed.
1. 항소이유의 요지 피고인이 피해자와 서로 붙잡고 바닥에 뒹군 사실은 있으나 등산용 지팡이로 피해자의 엉덩이를 때리는 등 폭행한 사실이 없으므로 이 사건 공소사실을 유죄로 인정한 원심판결에는 사실오인의 위법이 있고, 또 원심판결은 그 형(벌금 50만 원)이 너무 무거워서 부당하다.
2. Determination
A. Determination of mistake of facts is consistent with the purport that the victim made a statement from the investigative agency to the court of the court below to the effect that “the defendant saw her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her b her
B. In full view of the facts that the court below’s decision on the assertion of unfair sentencing had already decided a punishment by fully considering the circumstances favorable to the defendant, and that there was no change of circumstances that could differ from the court below’s decision and the punishment, and all other matters on the sentencing specified in the records and arguments of this case, the court below’s decision on the grounds that the punishment of this case is reasonable
3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.