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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact-finding, the Defendant merely scambling the victim with her scam, but did not assault the victim, and cannot believe the victim’s injury diagnosis also submitted by the victim.
Nevertheless, since the court below convicted the defendant of the facts constituting the crime, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
B. The sentence imposed by the court below on the defendant (two million won of fine) is too unreasonable.
2. Determination
A. In light of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, the defendant may fully recognize the fact that the defendant inflicted an injury on the victim or assaulted the victim as stated in the judgment of the court below.
Therefore, the defendant's above assertion is without merit.
(1) The victim consistently and specifically stated the facts of damage in the investigative agency and the court below.
The statements of the victim are reliable.
(2) Witnesses E consistently stated in the investigative agency and the court of the court below that “I saw the Defendant and the victim being wraped, and the Defendant saw saw and saw D, and the Defendant took a saw to the Defendant. At the time, I saw the Defendant to take a saw at one time.”
(Evidence No. 7, No. 45, 46 pages). (3) A medical certificate of injury to the victim (Evidence No. 22 pages) is issued on May 21, 2012, which is two days after the date of the occurrence of the instant case. However, ① the victim stated that the date and the following day of the instant case were holidays and thus the victim was not immediately issued the written diagnosis, and the above statement appears to be reliable (the date of the instant case, May 18, 2012). ② The part and degree of injury as indicated in the said written diagnosis are consistent with the victim’s statement, and otherwise suspected of the content of the said written diagnosis.