상해
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. There has been no misunderstanding of facts that the defendant gave the victim's testimony.
B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (hereinafter referred to as a fine of four million won) is too unreasonable.
2. Determination
A. We examine the argument of mistake of facts. According to the evidence duly adopted and examined by the court below, the defendant's consent to walk the victim's right by walking around 19:30 on February 14, 2012, and due to this, it can be sufficiently recognized that the victim suffered from the right bed and the right bed, and the defendant's assertion is without merit.
B. In full view of various circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., on the day of the instant case, the lower court’s punishment is too excessive and unreasonable, and thus, it is not recognized that the Defendant used violence against the Defendant on the ground that the victim was under the influence of his/her resistance, even up to the trial, the Defendant did not recognize his/her mistake and did not appear to be against the Defendant, and the employees of the Dong-gun Office did not agree with the victim, and the Defendant’s employees want to be punished by the Defendant, and other circumstances, which are the conditions for the argument and the sentencing indicated in the record of the instant case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.