Text
The defendant's appeal is dismissed.
Expenses of the trial shall be borne by the defendant.
Reasons
1. Summary of grounds for appeal;
A. In fact, at the time of the instant case, the Defendant was guilty of the instant facts charged, and the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.
B. The lower court’s determination that did not recognize the Defendant’s act constitutes a legitimate defense or excessive defense, thereby adversely affecting the conclusion of the judgment, by misapprehending the legal doctrine.
(c)
In addition, the lower court’s adoption of the CD images, which had been taken by the prosecutor of the violation of the rules of evidence, as evidence of guilt, did not have the admissibility as arbitrary editing, and did not err by violating the rules of evidence.
(d)
The punishment of the court below (1.5 million won) which is unfair in sentencing is too unreasonable.
2. Determination
A. The evidence duly adopted and examined by the lower court and the following circumstances acknowledged by the evidence, namely, ① the victim has consistently stated the damage of this case from the investigative agency to the court of the lower court, and also has made a very reliable statement by specifying the situation in detail. ② The admissibility of the above images as seen below is acknowledged as evidence of the CD images taken out at the time of the instant case.
According to the results of regeneration, in light of the CCTV installed in the bus in which the instant case occurred, the Defendant’s intentional act on the instant crime is deemed to have been committed, in light of the following: (a) the victim was removed from the bus due to the launch of the Defendant; (b) the Defendant’s operation of the bus as it is after checking it; and (c) the fact that there is a dispute between the Defendant and the victim.