Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court found the Defendant guilty of the facts charged of this case, but it was merely an intentional injury on the part of the victimized person in the process that the injured person first saw the Defendant’s side interest at the time of the instant case, and caused the Defendant’s humping away from his arms, and that the injured person had suffered the injury in the process that the injured person humping the Defendant’s arms.
shall not be deemed to exist.
Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.
B. The sentence sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.
2. Determination
A. The judgment of the court below as to the assertion of mistake of facts revealed by the evidence duly adopted and investigated by the court below, i.e., (i) the victim stated in the police the situation at the time of the instant case as follows: (a) the victim stated in detail the victim's statement on the background of the injury of the instant case, such as the statement made to the same purport, the victim's statement on the circumstance before and after the injury, etc., (b) the victim's name of the victim's injury (i) the victim's injury (i.e., the victim's injury) was reduced to the ground floor, and (ii) the defendant was satisfed with his hand, and then the defendant was satisfed with his left hand in order to avoid the injury, (ii) the victim's injury (i.e., the injury on the left side of the case, (ii) the injury on the left side of the case, (iii) the injury on the left side of the case, and (iv) the injury on the left side part of the case.
F In the police, “The Defendant was unable to directly witness the scene of assaulting the victim, but immediately after the instant case, the Defendant would be asked regardless of whether the victim would be 100 million won or not.”