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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The defendant does not have any misunderstanding of facts against the victim.
B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (hereinafter referred to as a fine of four million won) is too unreasonable.
2. Determination
A. According to the following circumstances acknowledged based on the evidence duly adopted and examined by the court below and the court below as to the assertion of mistake of facts, the defendant can fully recognize the victim's wing part once. Thus, the above argument by the defendant is without merit.
① 피고인은, 피해자가 수사기관에서는 ‘피고인이 이 새끼가 어따대고 반말이야 라고 하면서 발로 찼다’고 진술하였다가 원심 법정에서는 ‘피고인이 뭐라 하지 않고 갑자기 발로 찼다’고 진술하였으므로 그 진술에 일관성이 없다고 주장한다.
However, according to CCTV images, the victim clearly stated in the investigative agency and the court below that the victim was the victim, and according to CCTV images, the victim was exposed to the victim's face with pain, and the victim was taken so as to collapse, and it is impossible to find any exaggeration or sub-natural point in that form, so it is consistent with the rule of experience to regard that the victim was the victim's own from the defendant.
② The Defendant asserts that it is difficult to believe the statement because it is contrary to the content of the injury diagnosis document that the victim did not accompany a paper in relation to the statement that “the victim has already been abused, despite being infinite,” made by an investigative agency.
E Council members’ doctors: “A person who was diagnosed as to the inception of a reciting’s inception (precinary presumption) and the diagnosis date on August 19, 2017,” “A person who was diagnosed as to the incinction of a recinant not accompanied by a compincinary test and a recincincinary test;” and “a person who was diagnosed as to the incincinction of a recincinant not accompanied by a comincincincincincinc incinc incinc incinc incincinc incinc incincinc incin