폭행등
The defendant's appeal is dismissed.
1. The lower court’s punishment (one million won of fine) against the Defendant in the summary of the grounds for appeal is too unreasonable.
2. In calculating the drinking value, the Defendant, at the expense of calculating the drinking value, used not only the victim’s breath to sphere and sphere the bat, but also interfered with the principal’s duties by avoiding the disturbance.
The victim expressed his intention to punish the defendant.
These circumstances are disadvantageous to the defendant.
On the other hand, the defendant shows his attitude to confession and reflect the crime of this case.
These circumstances are favorable to the defendant.
In addition, considering the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, the sentence of the court below is deemed appropriate.
3. According to the conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.