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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court below that found the Defendant guilty of the facts charged in this case, which affected the conclusion of the judgment by misunderstanding the facts, although the Defendant was assaulted by the victim, and did not have committed a scam and a scam of the victim's head or scam.
B. The lower court’s sentence of unreasonable sentencing (a fine of KRW 700,000) is too unreasonable.
2. Determination
A. Comprehensively taking account of the evidence duly admitted and examined by the court below and the court below regarding the assertion of mistake of facts, the defendant can sufficiently recognize the facts of assaulting the victim's head and injury due to beer's injury as stated in the judgment of the court below. Thus, the defendant's assertion of mistake of facts is without merit.
B. Although the Defendant’s judgment on the assertion of unfair sentencing is deemed to have reached the instant crime with the victim, the Defendant denies the instant crime at the lower court.
In full view of the circumstances, the lower court led to the reversal of this case’s punishment and reduced the amount of KRW 1 million to KRW 700,000,000, in consideration of various circumstances, and the Defendant did not seem to be against the truth by denying the instant crime again at the trial, etc.; the Defendant was punished by a fine on several occasions due to the same kind of crime; the Defendant also received a summary order of KRW 2 million due to the Defendant’s injury; and the Defendant’s age, character and behavior, environment, motive, means, and consequence of the instant crime; and other various sentencing conditions specified in the records and arguments, such as the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is deemed to be reasonable and unreasonable; thus, the Defendant’s assertion of unfair sentencing is not justified.
3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.