상해
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant, who is aware of the fact, had the victim intending to enter the house, and had a flusence between the victim and the flusence, but there was no fact that the victim flusences the victim’s face or flusences the victim’s finger.
In addition, gambling cases where one victim suffered are minor and does not constitute an injury.
B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.
2. Determination
A. The Defendant alleged the same purport as the grounds for appeal in this part, even in the lower court’s determination on the assertion of mistake of facts.
피해자는 수사기관에서 자신이 집 안으로 들어가려고 하자 피고인이 현관문을 닫아서 왼쪽 손이 문틈에 끼어서 다쳤고, 보행기를 피고인이 발로 밀어 넘어졌으며, 주저앉아 일어나지 못하고 있는 상태에서 피고인이 발로 얼굴 부위를 여러 차례 찼다고
The statement was made and the statement was made to the same effect as the witness was present in the first instance court.
The first instance court, which finished the examination of the victim, convicted the defendant by integrating all the statements of the victim in the court and other evidence duly examined.
The court below found the following circumstances revealed by the evidence duly adopted and investigated by the court below, i.e., ① the victim sought money from the defendant living together from May 2016 to the defendant's living together, and on the day of this case to demand money from the defendant, the victim tried to open the door and the defendant tried to close the door, and there was a vagabonds between the door and the door, ② the defendant also approved the victim's body, ② the victim's walked with the victim's body and her walked with the victim's walked, and the investigative agency stated that "the victim did not put the victim's hand into the door and not deducted it, so the victim's hand was closed", and ③ the defendant as the defendant stated above.