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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant did not assault the victim as stated in the facts charged.
B. The sentence of the court below’s unreasonable sentencing (the fine of 300,000 won) is too heavy.
2. Determination
A. In light of the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, it can be sufficiently recognized that the defendant abused the victim as stated in the decision of the court below, considering the following.
This part of the defendant's assertion is without merit.
1) At the time of the trial, F appeared to have been present as a witness at the court below, and the defendant appeared to have a scambling, such as making the defendant and the victim scambling with each other, and the defendant was removed from two descendants, and the defendant and the victim were sent to a different elevator, respectively, and the statement was consistent with the specific closed-circuit television image, and because F does not appear to have a special relationship with the defendant or the victim, it does not have any motive or reason to make a false statement at the time of the occurrence of the situation at the time, and therefore, F's statement is highly reliable. 2) The victim made a report around 05:05 on May 22, 2014, the date of the occurrence of the instant case, at around 05:05, around 112, 2014, and made it possible to open a door on the side of the instant case, and made a consistent and consistent statement with the investigation agency after the occurrence of the damage.
B. The Defendant’s assertion of unfair sentencing is an element of sentencing favorable to the Defendant that there is no criminal history of the same kind and there is no penalty heavier than a fine.
However, the fact that the defendant did not agree with the victim, denies the crime to the trial, and the fact that the defendant does not reflect is an unfavorable sentencing factor against the defendant.
In addition, Article 51 of the Criminal Act is applied to the defendant's age, motive and background of the crime.