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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, at the time of the instant case, was aware of the fact that he did not assault the victim’s D’s shoulder shoulder in the process of breaking the arms to be sold into the bench.
In addition, the Defendant did not inflict an injury upon the victim E by taking advantage of the body of the victim E, due to the scambling of or cited by the victim E.
B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.
2. Determination
A. In light of the spirit of the substantial direct and psychological principle adopted by the Korean Criminal Procedure Act to determine the assertion of mistake, if there are extenuating circumstances to deem that the first instance court’s determination on the credibility of a statement made by a witness of the first instance was clearly erroneous, or if there are exceptional circumstances to deem that maintaining the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is considerably unfair, the appellate court should respect the first instance court’s determination on the credibility of a statement made by a witness of the first instance court, unless the first instance court’s determination and additional evidence examination
(2) In light of the following circumstances, the evidence duly adopted and examined by the court below is comprehensively established. The defendant assaulted the victim D and inflicted injury upon the victim E as stated in the judgment below, and the defendant's above assertion is without merit. In light of the following circumstances, the defendant's argument is without merit.
① The victim D, consistently from the investigative agency to the court of the court of the court below, consistently with the victim D, had D, who sits in the bench at the location of the date and time as indicated in the judgment of the court of the court below, play too far on the wind, and walked into the back, and the victim E, who refers to the victim E, who speaks.