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The defendant's appeal is dismissed.
Expenses of the trial shall be borne by the defendant.
Reasons
1. Summary of grounds for appeal;
A. Although the Defendant, as the Defendant was using a ditch with the victim, did not assault the victim as stated in the facts charged, the lower court found the Defendant guilty of the facts charged, the lower court erred by misapprehending the legal doctrine.
B. The sentence sentenced by the lower court to the Defendant (the penalty amounting to KRW 500,00) is too unreasonable.
2. Determination
A. The Defendant, at the lower court, argued the same as the grounds for appeal, and the lower court pointed out the inconsistency points of the Defendant’s statement and concluded that the credibility of the Defendant’s statement is insufficient.
The court below rejected its argument in light of its reasoning. The court below's above judgment is closely examined by comparing the above judgment of the court below with records, and the defendant stated that "the defendant was inside the elevator and the minutes were outside, but it cannot be known how to see how to see the victim's shoulder." However, the police investigation stated that "E was pushed off the victim's shoulder, and he stated that "I am kn't kn't and kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn's face at the right side of C," witness E in the elevator together with the defendant at the time was stated to the effect that "the defendant was sent to the effect that "the defendant was going back to the victim, and kn't kn't kn't kn't kn't k's face to the right side of C."
As stated, F has made a statement by clearly distinguishing the part of the situation at the time and the part that is not memory or is not aware of, and thus, the credibility of the statement is high.
The victim appears to be consistent with the facts charged from the investigative agency to the court of original trial.