상해
The defendant's appeal is dismissed.
Summary of Grounds for Appeal
Even though the defendant did not have any fact when he was injured as stated in the facts charged, and even if the defendant was not injured by his act, the court below convicted the defendant, which affected the conclusion of the judgment, by misunderstanding the fact.
The punishment (fine 700,000 won) sentenced by the court below on unreasonable sentencing is too unreasonable.
In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the Defendant’s assertion of mistake of facts, the lower court’s determination that the Defendant inflicted injury on the victim is justifiable, and thus, this part of the Defendant’s assertion is rejected.
The victim stated in the police that there was two be be be be a beer cans on the left hand, and that the victim took one time the right head part of the victim's right head, and that the victim took the face part with the hand floor once again when the victim is in the carper.
Examining the images of CCTV photographs taken inside the convenience store of this case, it is evident that the victim has a part of the right head of the victim to whom the assault was committed by raising his left hand, 2 beer cans on the left hand, the victim has reported to the police immediately after the first assault of the defendant, and the defendant has a secondary assault against the face face of the victim on his hand. This is consistent with the statement of the victim.
The victim suffered from the injury of the victim in the course of the medical examination that requires two weeks of treatment after the victim was abused by the defendant. However, even according to the results of the inquiry into the members of the F bill, even if the victim suffered from the medical examination, the victim's injury was inflicted on the part of the victim, and the victim made a statement that he/she had the ability to seek the coordinates, and was diagnosed as a medical examination by external force. Thus, the part and degree of the victim's injury is the victim's statement.