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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, as stated in paragraph (2) of the instant facts charged, did not have caused injury to the victim.
B. The sentence of the lower court’s improper sentencing (one year and three months of imprisonment) is too unreasonable.
2. Determination
A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, namely, ① in the process of preventing the Defendant from leaving the victim’s left hand from the investigative agency to the court of the lower court, the Defendant was faced with the decline frame installed at the front and rear seat of the patrol car and the front and rear seat.
“The Defendant made a statement on the grounds that the circumstances in which the instant case occurred, the content of the damage, the situation at the time, etc. are consistent with the specific and main contents of the statement, and otherwise, the victim cannot have any motive to make a false statement even when she is at risk of perjury; thus, the credibility of the victim’s statement can be recognized. ② The Defendant was at the time of the investigation agency, and the victim’s injury did not incur injury to the victim, and the victim’s injury was at the time of the locking of the locking door. However, the video CD (in 61 pages of the investigation record) taken by the Defendant prior to the occurrence of the instant case, the Defendant did not account for the locking door. In light of the fact that the victim was at the time of telephone conversations with the prosecutor’s investigation and the telephone conversation with the victim’s statement that there was no injury to the victim as stated in the facts charged, the Defendant could sufficiently be acknowledged by fully considering the following facts.
Therefore, the defendant's assertion of factual mistake is rejected.
B. As to the unfair argument of sentencing, the court-oriented principle and the direct principle are applied.