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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact-finding, the Defendant: (a) caused frequent breakdowns in a Defendant’s restaurant, which led to the occurrence of a frequent breakdown of PED signboards; (b) requested replacement or refund on several occasions; (c) but the resolution was not possible; and (d) requested the resolution of the problem by finding E on the day of the instant case.
However, E intended to photograph the Defendant with his camera while avoiding this, and the Defendant was able to write his hand. During that process, the Defendant’s hand was satisfe on the left side of the victim F who was immediately adjacent to E, and the Defendant did not commit any assault on the left side of the victim, and there was no intention of assault.
Nevertheless, the court below erred by misapprehending the facts against the rules of evidence since the defendant's above act was committed as violence.
B. The lower court’s sentencing of an unreasonable sentencing (the fine of 300,000 won) is too unreasonable.
2. Determination on the grounds for appeal
A. The following circumstances acknowledged by the evidence duly adopted and examined at the court below as to the assertion of mistake of facts: (i) the victim F was waiting for the food packaging at the “D” restaurant operated by E on the day of the instant case; (ii) the Defendant was consistently stated that the victim’s part of the victim’s body, which was rhythly in the front left-hand side of E during the dispute with E and desire, was able to be able to be able to be able to the victim’s body. Accordingly, it is difficult to find a special motive for the victim to be able to find the Defendant’s body as the restaurant customer. (iii) the Defendant also recognized that the victim was frightd immediately and frighted by the victim, and the Defendant was frightd and frighted by the victim, without participating in the case with E and frighting, and the victim was frightd immediately following the victim’s physical body.