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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In spite of the fact that there was no assault by the victim C, such as flapsing and sculping, etc., and there was no defense, the judgment of the court below convicting the Defendant of the facts charged is erroneous in misunderstanding of facts.
B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 300,000 won) is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the lower court’s duly admitted and investigated evidence, namely, that the Defendant: (a) acknowledged that there was a victim’s chest and a civilian fact at an investigative agency; (b) stated that the Defendant did not sell the goods; and (c) stated that the witness was fighting, such as the Defendant and the victim satisfing fat and drinking fat; and (b) stated that the Defendant and the victim satched fat; and (c) stated that the Defendant and the victim satched fat. As indicated in the judgment of the lower court, the Defendant could fully recognize the fact of assaulting the victim
Therefore, the defendant's above assertion is without merit.
B. The Defendant is aged, and there are circumstances to consider the background of the instant crime, and the extent of the victim’s damage is relatively minor, etc. are favorable to the Defendant.
However, the fact that the defendant has been punished several times including criminal records for the same crime, that the defendant agreed with the victim or failed to recover damage, that the defendant denies the crime and does not reflect it, is disadvantageous to the defendant.
In addition, considering the motive, means and methods of committing a crime, the circumstances after committing a crime, the age, character and conduct, and environment of the defendant, various sentencing conditions shown in the records and pleadings, the sentence of the court below cannot be deemed unfair.
3. Thus, the defendant's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.