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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court found the Defendant guilty of this part of the facts charged, despite the fact that the Defendant did not conduct an act, such as taking the victim beyond mistake of facts, was erroneous.
B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.
2. Determination
A. The judgment of the court below on the assertion of mistake of facts can be acknowledged as follows: ① among many persons who were present at the time of the crime of this case, the fact that the defendant had been present at the time is clearly identified by the fact that the defendant had been present at the time, ② E and G have been present at the investigative agency about the fact that the defendant had been present at the time, ③ the defendant stated that he had been present at the same time, ③ the defendant stated that he was "the victim was able to have been satis at the time of his own satis at the time of his own satis at the time of the crime of this case, even if the victim was satis at the time of his own satis at the time of his own satis at the time of the crime
Therefore, the defendant's assertion that there is no fact that he was a victim is without merit.
B. The lower court appears to have rendered an adequate sentence of two million won in consideration of all the conditions of sentencing, including the Defendant’s age, character and conduct, occupation, criminal record, background of the instant crime, means and method, and circumstances after the instant crime, etc., under the influence of alcohol at the time, the Defendant committed the instant crime by contingency, and the victim first has an aspect of the Defendant’s initiative, and the Defendant’s assertion on the unfair sentencing is also rejected on the grounds that there is no reason to change it in the trial.
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.