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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant did not assault the victim as stated in the facts charged of this case.
B. The lower court’s sentence of unreasonable sentencing (1.5 million won of fine) is too heavy.
2. Determination
A. As to the assertion of misunderstanding of facts, the Defendant and the defense counsel at the lower court also asserted the same as the trial.
However, according to the evidence duly adopted and examined by the court below, the following facts are revealed: ① the victim has consistently stated that he was assaulted by the Defendant who had been under the yellow clothes from the investigative agency to the court of the court of the court below; ② the victim’s witness H, one of the victim, went to the police station after the instant case (Provided, That the Defendant was going to the public service center of the police station); the police station went to the police station with the Defendant who was under the yellow clothes, the person who was under the yellow clothes, the person who was under the white clothes, and the woman at the time when he was under the blap, and entered the hospital at the police station without going to go to the hospital at the time.
According to these circumstances, the judgment of the court below that found the defendant guilty of inflicting bodily injury by assaulting the victim is justifiable, and the above argument by the defendant is without merit.
B. As to the assertion of unfair sentencing, the Defendant denies the instant crime, and did not reflect the Defendant’s non-discrimination, under extenuating circumstances, the Defendant did not have the same kind of violence, and the fact that the victim does not want the punishment against the Defendant is considered as favorable circumstances. Considering the motive and circumstance leading to the instant crime and the circumstances after the commission of the crime, the lower court’s punishment is not adequate and heavy, taking into account all the factors of sentencing specified in the records and arguments
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.