beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although the defendant, at the time of a misunderstanding of facts, has lost the victim's arms at the time of the case, there is no fact that he has taken the victim's face by drinking as stated in the facts constituting the crime in the judgment below.
B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.
2. Determination
A. The court below duly adopted and examined the argument of mistake of facts as follows: ① The victim stated consistently from the investigative agency to the court of the court below that he was faced with his face; ② the victim made a detailed statement about the background of the assault, contents, and the circumstances before and after the assault by the defendant; ② the victim's statement may be reliable in light of the details and contents of the statement; ③ the victim made a statement that he was faced with drinking face even at the time when he visited the Seoul FIE on the following day; ③ the victim was faced with an injury, such as inside and outside of the hospital; ④ the victim was diagnosed at the court of the court below and the court of the trial; ④ The defendant claimed that the exercise of the force against the victim was limited to the victim's hand or arms, but the prosecutor stated that his hand was faced with the victim's face at the time of the investigation; and when considering the facts stated in the judgment of the court below, the victim's statement that he was faced with the victim's face as stated in the judgment of the court below, the victim can be acknowledged as a victim's face.
Therefore, this part of the defendant's argument is without merit.
B. Even when considering the fact that the degree of injury suffered by the victim on the argument of unfair sentencing is relatively not more severe, and that the defendant has no record of criminal punishment since 2002, the crime of this case was committed by the defendant by assaulting the victim for about 10 days, and the background, method, and method of the crime.