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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, as stated in the facts charged, did not remove the victim’s head by attaching the victim’s head, and did not have any intention to injure the victim. Therefore, the lower court erred by misapprehending the facts.
B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, i.e., ① the victim was sealed from the investigative agency to the court of the court of the court below by stating that “I would like to enter the Defendant and B into the Defendant’s wife continuously, and during that process, I would like to see that I would see the Defendant and B’s resistance,” ② the witness E and I were stated in the manner consistent with the victim’s statement from the investigative agency to the court of the court of the court of the court below, and ③ the contents of the written diagnosis correspond to the victim’s injury and the degree, it is sufficient to find the Defendant guilty of the charge of this case. Thus, the above argument by the Defendant is without merit.
B. Although the victim’s degree of injury to the victim’s assertion of unfair sentencing is not limited, the Defendant committed the instant crime at the same time despite the fact that the Defendant had been punished by a fine of KRW 300,000 in 201 and a fine of KRW 500,000 in 2012 by using violence against the same victim. In addition, in light of the Defendant’s age, character and conduct, occupation and environment, motive and background leading to the instant crime, circumstances after the instant crime, etc., and all of the sentencing conditions indicated in the records and arguments, such as the records and arguments, the lower court’s punishment is too unreasonable. Thus, the Defendant’s allegation is without merit.
3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so ordered.