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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In determining the facts, the Defendant merely left a public official’s book by taking advantage of his or her motive while taking advantage of his or her motive, and did not inflict an injury upon the victim by drinking. Therefore, the lower court erred by misapprehending the facts that recognized the establishment of the crime of injury.
B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.
2. Determination
A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, namely, the victim made a statement from the investigative agency to the court of the lower court that corresponds to the facts charged of the injury of this case, and the content of the statement is specific and consistent, as well as the contents of the E’s testimony at the time of the instant case, and its credibility is consistent with the main part, the fact that the Defendant inflicted an injury on the victim as stated in the facts charged can be sufficiently recognized.
Therefore, the judgment of the court below that recognized the crime of injury is just and there is no error of misunderstanding the facts, and the defendant's above assertion is without merit.
B. It is advantageous to the fact that the Defendant’s judgment on the assertion of unfair sentencing is old, the victim’s injury is not much serious, and that the Defendant did not have the same criminal record except for the case of suspended sentence for violent crimes in 2004.
However, the crime of this case was committed by assaulting to a public official on the ground of the public official’s dissatisfaction in performing his duties. It is disadvantageous to the court that it did not reach the agreement with the victimized public official or the restoration of damage. In full view of the circumstances leading up to the crime of this case, the circumstances after the crime of this case, the defendant’s age, character and conduct, and environment, the sentence of the court below is too unreasonable.