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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. The summary of the grounds for appeal that the court below rendered is too heavy (five million won of a fine) or unreasonable (the appeal of the defendant).
2. The instant case pertains to a case in which the Defendant and the wife, who had been suffering from home influencing, requested a divorce by returning home in the condition of alcohol at four clocks of the new wall, and the Defendant took the head and the 2 Do image of the instant case containing hot coffee into the victim’s face.
In the case of a party to trial, there is no other criminal records other than that sentenced to a fine due to drinking driving in around 1995, the victim is in charge of raising two children attending a middle and high school after leaving the house, and the degree of injury inflicted on the victim is not so significant. The fact that the investigation agency denies the instant crime from the investigation agency to the court below, and the victim sold the victim with a false statement in order to obtain favorable judgment in the pending divorce lawsuit, and the conflict between the couple was not resolved by dialogue, and was a dangerous crime such as spreading the hot coffee to the victim face.
Taking into account the following circumstances: (a) the Defendant’s age, character and conduct, the motive and background of the instant crime, and the circumstances after the instant crime were committed; and (b) the sentencing conditions indicated in the instant records and pleadings, the sentence imposed by the lower court cannot be deemed unreasonable or unreasonable.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act.