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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
In fact, the defendant spits spits only after hearing the horses of spiting down, which are spiting down, from the victim, and in fact there is no fact that spits spits are spits on the face of the victim.
The sentence of the lower court on unreasonable sentencing (fine 300,000) is too unreasonable.
Judgment
Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below regarding the assertion of mistake of facts, the defendant's spite can be fully recognized as the victim as stated in the facts charged. Therefore, the above assertion by the defendant is without merit.
On August 7, 2013, the victim consistently stated that the defendant spited his face from the investigative agency to the court of the court below, as stated in the facts charged, at around 10:20 on August 7, 2013, and D, a witness, also stated to the same effect.
The statement between the victim and D is not only a detailed explanation of the situation at the time of the defendant's speech and behavior, but also a recording file at the time of the crime as examined below.
The contents of the sound recording files at the time of the instant case are as follows, and they are different from the Defendant’s assertion that “the victim first spits down spits.”
While the Defendant and the victim are in dispute in relation to water leakage of vehicles, the Defendant and the victim defective the victim’s phrase “spherbing spherb,” and spherbling spherbling it is necessary to see so that the Defendant can spherbling at present.”
At once, the victim spits it on the face of the face, and the defendant refers to the "vegetable" that the victim spits it on the face.
피고인은 침을 뱉는 시늉만 하였음에도 피해자와 D이 짜고 허위의 진술을 하는 것이라고 주장한다.
However, as seen above, the victim spits or spits down in the face immediately after the noise.