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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant of mistake of facts is only the victim's oral dispute with the victim in the vehicle, and there was no assault against the victim by harming the victim's neck or booming her head debt.
B. The sentence of an unreasonable sentencing (2 million won of fine) by the lower court is too unreasonable.
2. Determination:
A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the defendant, at around 00:30 on Jan. 19, 201, operated a motor vehicle with the victim living together for about three years at the time of living together, and operated the motor vehicle in front of the entrance of the apartment at Yangju City with the victim, and ② the defendant requested the victim to change the business fund by getting on and off the motor vehicle, but the victim refused it, and caused a dispute with the victim for this reason. ③ The defendant was sent from the vehicle of the victim to another place in the above place, ③ The defendant was sent from the vehicle of the victim to another place, ④ The victim was issued a written diagnosis of injury to the victim that the victim suffered from the pipe and the stroke for about two weeks medical treatment at the F Hospital on the same day.
In addition, the following circumstances acknowledged by the above evidence are as follows: (a) the victim appears to have reported to the police after the crime was committed and stated the fact of damage to the police officer; (b) the victim immediately received diagnosis from the hospital on the day of the crime; (c) the victim does not seem to have engaged in another cause of injury between the injury and the diagnosis; (d) the victim's statement about the injury circumstance and the situation at the time of the crime is very specific and factually, so it is difficult to make a statement without experience of actual damage; and (e) the defendant requested business funds as in the crime of this case, and even before the crime of this case, had the history of criminal punishment by exercising violence against the victim who failed to comply with the request.