Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although the Defendant, by hand, has caused the victim’s face less than twice that of his/her face, he/she cannot be found to have inflicted an injury on him/her.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.
B. The punishment sentenced by the lower court (2 million won) is too unreasonable.
2. Determination
A. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the victim made a statement consistent with the facts charged in this case to the effect that he suffered bodily harm from assault from the defendant since the investigation agency up to the court below's trial, and that such statement is specific, consistent, and no other circumstances exist to suspect credibility (p. 32, 33 of the trial record,p. 7 through 11 of the evidence record), and ② the witness of the crime in this case made a statement consistent with the facts charged in this case to the effect that he consistently suffered bodily harm from the defendant (p. 43 of the trial record,p. 46 of the trial record,p. 38 through 40 of the evidence record), ③ the victim's diagnosis report submitted by the police (p. 15 of the evidence record), and it is sufficiently admitted that the victim suffered bodily harm from the victim's face, such as the victim's 14-day treatment, as the court below's ruling, and the court below found otherwise.