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The defendant's appeal is dismissed.
Reasons
The main point of the grounds for appeal (misunderstanding of facts and misunderstanding of sentencing) is as follows: The injury inflicted upon J to misunderstanding of the facts: (a) the head of the J in his/her back by hand franchising his/her back head on the video CD; (b) according to the CD image, the Defendant’s hand cannot affect the J; and (c) there was no injury inflicted by the Defendant at the time of his/her back.
The injury to B: The defendant did not have any value of the inner part of B by displaying the bags, and only prices the shoulder part.
The punishment sentenced by the court below (one million won) which is unfair in sentencing is too unreasonable.
The lower court found the Defendant guilty of the charge on the grounds of the testimony by K and other witnesses, the reproduction and viewing of video CDs.
Comprehensively taking account of the circumstances under the deliberation of the party, it is recognized that the defendant inflicted bodily injury on the part of the back of the victimJ and the part of the victim B inside and outside of the victim B, as shown in the facts charged.
Therefore, the court below did not err by misapprehending the facts.
The result of the Defendant’s reproduction and viewing of CCTV (Public Trial Records 41 pages) and CCTV video (Public Trial Records 71 pages) does not appear to have a part of whether each of the images was contacted by the J’s head at the time the Defendant displayed the door.
On the other hand, as stated in the judgment of the court below, a video CD (the page 41 of the trial record) play time of 35 seconds, when the J passes side of the defendant, the defendant was frighted with his bank, and the defendant frighted against him.
Since then, J has taken back the defendant as the son's son, and then the son gets back his head.
J's attitude is close to the attitude to confirm the injury level by hand, after having already suffered the price, rather than to protect the defendant against the future attack.
CCTV screen (public trial record 71 pages) play time from 1:25 to 1:35 to 1:45 to 1.25 to 1.25 to 1.35 to 1.