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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 sentence imposed by the court below on the defendant (the fine of 500,000 won) is too unreasonable.
2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, i.e., ① the victim specifically stated at the investigative agency about the facts charged of this case (the 13th page of the evidence record), ② the victim’s witness E at the time asked where the investigative agency where he was the defendant where he was the defendant, and the defendant did not find his Kimb even though he did not find his seat, and the defendant stated that he was the victim’s face at the time when he was able to take a bath for the victim, and again stated that he was the victim’s face at the time of drinking (the 31st page of the evidence record). As such, the defendant could sufficiently be recognized as having abused the victim as in the facts charged, the above argument by the defendant is without merit.
3. In full view of the following facts: (a) the victim of the judgment on the assertion of unfair sentencing wanted the punishment of the defendant; (b) the defendant did not agree with the victim up to the trial of the party; (c) the defendant denies and does not oppose the crime of this case; and (d) the defendant’s character, conduct and environment, criminal records; (c) the motive and circumstance of the crime of this case; and (d) the circumstances after the crime, etc., the sentence of the court below is too unreasonable, and thus,
4. 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.