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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court accepted the allegation of victim E, the victim of mistake of facts and recognized false facts.
B. The victim who borrowed gambling funds from the Defendant from the Defendant of unreasonable sentencing leads to the Defendant’s desire and assaulting to commit the instant crime, and substantial damage was inflicted on the Defendant, and thus, the lower court’s punishment (fine 1,500,000) is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the defendant, under investigation by the investigative agency, stated that "the defendant was suffering from injury such as the head of the victim by putting a small amount of plastics in a way that he had seen the surrounding area," and "it was true that it was nothing more than 17,18)" (the investigation record 17,18 pages), and the witness F.I.D. witness witness witness to the crime of this case who was investigated by the investigative agency, and stated that "the defendant was given plastics, and was faced with the victim's head (the investigation record 37 pages)." On the day of the crime of this case, the fact that the victim was diagnosed as suffering from injury such as an injury such as an internal body, a multi-face, a multi-face, and atrody examination by the heart at the G hospital for about 20 days on the day of the crime of this case.
Therefore, the court below is just to find the defendant guilty of the facts charged of this case, and there is no error of law by mistake of facts as alleged in the grounds of appeal.
B. The instant crime on the assertion of unfair sentencing was committed by the victim who borrowed KRW 300,00 from the Defendant’s money for gambling from the Defendant upon the Defendant’s demand for reimbursement, and instead, the victim was able to find the Defendant and take a bath and commit assault, and the Defendant was able to flickly flive with the victim, and there was a physical fighting that could be considered in the process of the occurrence.
However, the defendant is also the defendant.