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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
A. The Defendant, as stated in the facts charged, did not have any time when the victim was injured, and the victim was injured while making a trial expenses to the Defendant.
B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.
Judgment
A. The Defendant alleged the same purport as this part of the grounds for appeal in the lower court’s determination of mistake of facts, and the lower court found the Defendant guilty of the facts charged on the grounds of its stated reasoning.
In full view of the following circumstances that can be recognized by the evidence duly adopted and investigated by the court below, the above judgment of the court below is just and acceptable, and it is hard to see that there was an error of mistake of facts as alleged by the defendant.
The defendant's assertion of mistake is without merit.
① The victim stated at an investigative agency that “in the course of dispute with the Defendant, the Defendant was assaulted twice on the left side of the Defendant’s own eye, and was frightened by the assault.” At the time of the telephone call with the investigative agency, the victim stated the circumstances of the assaulted by the Defendant, as above, and stated that “at the time, the Defendant was frightened, but he was frightened at the time, and he was frightened under the left eye,” the victim stated that he was frightened.
② At the time of the instant case, the victim reported the “Assault” to the police station, and the police was dispatched to the scene and taken pictures of the victim, according to the victim’s photograph, the victim’s body teared down under the left eye of the victim, and the victim was laid to the lower part of the left part of the victim’s eye, and the victim was breaded at the time when the victim was worn.
③ The Defendant, while engaging in a dispute with the victim in an investigative agency, she saw the victim as close to himself/herself while speaking as “I see”, and she was faced with the land and used his/her balance.