폭행등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. Although the Defendant did not assault E as stated in the facts charged, and the office of L was found and urged to pay the construction cost, the Defendant did not interfere with the work, such as the facts charged.
Nevertheless, the judgment of the court below which found the defendant guilty of all the charges of this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.
B. The sentence of the lower court (an amount of KRW 1.5 million) is too unreasonable.
2. Determination
A. The following circumstances acknowledged by the lower court’s duly admitted and investigated evidence regarding the assertion of misunderstanding of facts, i.e., victim E was subject to assault as stated in the facts charged consistently in the investigative agency and the lower court’s court.
He stated, and M&D also interfered with the Defendant’s business, such as the entry in the facts charged, consistently in the investigation agency and the court of original instance.
(2) G where the Defendant and the Victim E were stated at the time of the bomb, the lower court’s “satisfing each other” in the court below.
In full view of the fact that the Defendant unilaterally assaulted the victim E and interfered with the victim’s L business, as stated in the facts charged, by making a statement to the purport that the two parts of the case did not cause harm and injury (53,56 pages) are consistent with the victim E’s statement, the Defendant may sufficiently recognize the fact that he assaulted the victim E and interfered with the victim’s business.
Therefore, the judgment of the court below is just and acceptable, and the defendant's assertion is without merit.
B. It is recognized that the type of the Defendant’s exercise of judgment on the unfair argument of sentencing is relatively not much significant, and that at the time when the Defendant assaults the victim E, the said victim appears to have frightened or pushed ahead with the Defendant.
However, the crime of this case exercises violence against elderly victims E, and is operated by victims L.