Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);
A. The defendant is not guilty of having inflicted an injury by assaulting the victim.
The defendant tried to avoid a fighting with the victim, but the victim tried to put the defendant into the sea, so it is only a fluence of the victim in the course of resistance.
B. The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.
2. The defendant argued that the judgment of the court below is identical to this, and the court below acknowledged the establishment of the crime of bodily injury against the defendant on the grounds as stated in its reasoning.
In full view of the circumstances cited by the lower court and the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the lower court’s judgment to the same purport is justifiable, and there is no error by misapprehending the facts and adversely affecting the conclusion of the judgment by misapprehending the facts.
The defendant's assertion of facts is without merit.
① The victim, from the police investigation to the court of the court below, has consistently made a statement about the background and parts of the victim’s assaulted from the victim to the court of the court below. In particular, the victim followed the Defendant’s right chest only once in the course of using it as a place where the Defendant was pushed down.
“Clearly stated”.
(2) In the police investigation, E, who is an witness, has taken one stop of the chests of the victim, where the victim and the defendant are spabling and spabling one another, and the defendant was spabling one another.
“The reason why the Defendant, at the time, has finished the operation and found the victim who has finished entry into the port.”