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The defendant's appeal is dismissed.
Reasons
Summary of Reasons for appeal
A. Although the Defendant had not inflicted an injury on the victim as stated in the facts charged of this case, the lower court erred by misapprehending the facts, thereby finding the Defendant guilty of the facts charged of this case.
B. Even if the sentencing is found guilty against the defendant, the sentence imposed by the court below (2 million won in penalty) is too unreasonable.
Judgment
A. In full view of the evidence admitted by the lower court as to the assertion of mistake of facts, the Defendant’s assertion of mistake of facts is without merit.
B. As to the wrongful assertion of sentencing, in full view of all the conditions of the arguments and the sentencing indicated in the records of the instant case including the Defendant’s age, character and character environment, relationship with the victim, motive and consequence of the crime, circumstance after the crime, etc., even though the Defendant was the first offender, the Defendant’s punishment imposed by the lower court is too excessive and unreasonable.
In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as there is no reason to appeal.