beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The court below which found the defendant guilty of the facts charged of this case without assaulting the victim, has erred by misunderstanding the facts and affecting the conclusion of the judgment.
B. The sentence (one million won of fine) imposed by the court below on the defendant is too unreasonable.
2. Determination
A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, namely, ① the victim consistently stated from the investigative agency to the court of the court of the court below that “the defendant arrived at the seat of the passenger in C, took a bath at the seat of the passenger in C, taken the taxi from the taxi, and reported the victim to 112 in return for a threat to the back of the victim’s 112”; ② the victim received two reports on the following two occasions: “the victim was sent a 112 report from the date and time of the instant case to the point of the court of the court of the court below, and the victim also conforms to the contents of the victim’s statement.” In full view of the following circumstances, it is sufficiently recognized that the Defendant abused the victim as stated in the judgment of the court below.
Therefore, the fact-finding and decision of the court below is just, and there is no error of law by mistake of facts as the defendant pointed out in the judgment below, and this part of the defendant
B. As to the assertion on unreasonable sentencing, the instant crime committed by the Defendant on the grounds that the Defendant was assaulted by taking a lower part against the victim, etc., and the degree of assault is relatively not more severe, and the fact that there was no previous conviction exceeding the fine is favorable to the Defendant.
However, the defendant denies criminal facts even if they are recognized as above, and does not reflect his mistake, and again commits the crime of this case despite the fact that he had been punished twice for violent crimes, and did not reach an agreement with the victim, and specially changed from the trial.