beta
Text
The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds of appeal 1) As to the injury among the facts charged in the instant case, the Defendant did not have committed an injury by using violence against the victim, and did not intend to do so.
In addition, even if the defendant exercised violence against the victim, there is no fact that the victim suffered injury.
Of the facts charged in the instant case, the Defendant did not commit assault against the victim, or used violence against the victim.
2) The sentence of the lower court that is unfair in sentencing (one million won in penalty) is too unreasonable.
2. Determination 1) According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the following circumstances are acknowledged.
① On April 1, 2016, in an investigation agency, the victim expressed his/her will to himself/herself in an apartment elevator, and was able to catch his/her breath in an elevator with his/her ebbbbage and fast up to the wall with the wall. On April 2, 2016, there was a fact that he/she, while taking a bath to himself/herself in front of an apartment commercial building, had spawn and pushed himself/herself, and had a threat as to himself/herself by hand.
The statement was made (see, e.g., 12-13, 21-22 of the investigation record). (2) At an investigative agency, F, the wife of the victim, the victim, expressed that the Defendant was willinging to have a dispute with the victim in the apartment elevator on April 1, 2016, while the Defendant was working in an investigation agency on the apartment elevator, and that there was a fact that the victim was injured by breading the breath of the victim’s fla
The statement was made (see, e.g., 31 to 32 investigation records). (3) The defendant was also made at an investigation agency on April 1, 2016 at the elevator, and at the time he was made at the elevator, at the victim’s flobial.
According to the CCTV video recording on April 1, 2016, the Defendant and the victim made a statement (see, e.g., 50 pages of investigation records).