Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant of mistake of facts is merely a mixed standard, and did not take the victim’s desire.
B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the lower court, including F and G’s written statement of police testimony as to the assertion of mistake of facts, the fact that the Defendant publicly insultingd the victim by mixing the victim’s abusive language as stated in the lower judgment is sufficiently recognized.
The defendant's assertion of mistake is without merit.
B. Even if the Defendant’s judgment on the assertion of unfair sentencing is considered as a favorable condition in favor of the initial offender, an agreement with the victim is not reached, taking into account the content and circumstances of the instant crime, and all of the sentencing conditions indicated in the record, including the Defendant’s age, character and conduct, environment, family relationship, etc., the sentence imposed by the lower court is too unreasonable.
The defendant's assertion of unfair sentencing is without merit.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.