Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant did not assault the victim as stated in this part of the facts charged.
B. The punishment sentenced by the lower court (2 million won) is too unreasonable.
2. Determination
A. As to the assertion of mistake of facts, the Defendant asserted the same purport in the lower court, and the lower court, based on the evidence adopted by the lower court, acknowledged the fact that the Defendant abused the victim.
Defendant’s assertion was rejected.
원심판결의 이유를 기록과 대조하여 면밀히 살펴보고, 특히 폭행에 이른 경위와 폭행 내용, 신고 경위 등에 관한 피해자의 구체적인 진술과 피고인도 피해자와 언쟁 중에 피해자의 어깨에 손을 댔다고
In light of the fact that the above judgment of the court below is just and acceptable, and there is no error in the misapprehension of the facts alleged by the defendant in the judgment below as to this part.
B. In full view of the various matters (such as a number of criminal records related to violence, the fact that there is no agreement with the victim, and the fact that a part of the crime is denied) and the applicable sentences that are the conditions for sentencing in the trial on the assertion of unfair sentencing, the judgment of the court below is deemed to belong within the reasonable scope of discretion, and there is a change in the conditions of sentencing when it comes to the trial of the party.
Considering the fact that the sentencing of the defendant is not visible, the sentence of the court below is too unreasonable because it is too unreasonable. Thus, the defendant's improper assertion of sentencing is also groundless.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.