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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Since it is difficult for the victim to be assessed as a legal injury and the victim expressed his intention not to prosecute prior to the institution of public prosecution, the indictment should be dismissed in the case of assault where the victim expressed his intention not to punish him.
B. The lower court’s sentence (an amount of KRW 500,000,000) against an unfair defendant in sentencing is too unreasonable.
2. Determination
A. The Defendant asserted that the lower court did not assault the victim or did not reach the degree of assessment of the injured party’s injury in the judgment of the lower court, and the lower court rejected the Defendant’s assertion on the grounds of the circumstances stated in the second page of the judgment.
In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below in addition to the circumstances revealed by the court below, the above judgment of the court below is just and acceptable, and there were errors by mistake of facts.
It does not seem that it does not appear.
① The Defendant, at an investigative agency, carried a bat of a person’s bat, carried the person’s bat, and then divided the person on the bats by cutting off the bat of the person’s bat, and later, carried the bat of the match in order to defend the person’s bat, the Defendant was used on the floor by using the bat of his bats.
“After making a false statement (Evidence No. 2: 49 pages), the Defendant recognized that the Defendant committed assault in the way of enjoying the victim’s bats by bating the victim’s bat.
The defendant's brutably boomed by violence of the victim is the next time.
② At the court of trial, E, a witness, was present at the court of trial, and “The victim left the face of the defendant when the defendant and the victim were in a dispute with the victim, but did not seem to have the face of the victim.
The victim's wife was not considered as the victim's wife.
“.....”