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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misapprehension of the legal principles do not constitute intimidation, or assault or bodily injury as stated in the judgment of the court below.
B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court as to the assertion of misunderstanding of facts and legal doctrine, the lower court can sufficiently recognize the Defendant’s act of intimidation and assaulting and injuring E as indicated in the lower judgment.
In contrast to this, each statement of the witness F and the witness I by the court below is difficult to recognize credibility in light of objective evidence, such as CCTV images, and there is no other evidence to reverse it.
The defendant's assertion of mistake is not accepted.
(1) From an investigative agency to the court of the original trial, E consistently inflicted an injury upon the Defendant by threatening him/her as described in the facts charged of this case, and satising his/her satis or chest parts twice.
The circumstances before and after the instant case filed a concrete statement, etc., and the circumstances to suspect the credibility of such statement are not found.
② was established at the instant site.
CCTV images are recorded on the face of 11 minute 25 seconds in the front of E in the event that the Defendant her speech while she was frighted (video 11 minute 25 seconds in the event that she was frighted), on the face of milch (video 11 minute 30 seconds in the event that the Defendant re-frights the body of E, and on the face of 11 minute 11 minute 42 seconds in the event that the Defendant’s hand she was frighted (video 11 minute 42 seconds in the event of video). This conforms
③ Meanwhile, the Defendant and the defense counsel asserted that the above behavior occurred in the course of passive resistance and cannot be assessed as assault. However, the Defendant first made the Defendant’s chest on his chest and intentionally committed such act in order to attack E.