Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although the Defendant, at the time of mistake of facts, she was found to have taken the victim's head by drinking the left hand only once, the victim exceeded the floor. However, the victim suffered bodily injury, such as she was under drinking alcohol prior to approximately one week from the date of occurrence of the instant case, and thus, the victim cannot be deemed to have suffered bodily injury as stated in the instant facts charged due to the Defendant's assault.
B. The sentence imposed by the court below on the defendant (5 million won of fine) is too unreasonable.
2. Determination
A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts: (i) the victim was using the victim's head part below the face part; (ii) the victim was unable to properly move while complaining of a considerable shock; and (iii) E who witness the scene was found in the court of the court below that "the defendant was found to be drinking, the victim was faced with the complete match in the future; and (iv) the victim was informed of the death of the victim by making it clear that the front side was 112. Thus, even based on the photograph taken by the victim at the time, the victim was expressed as the victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's body; and (v) the victim's body was damaged by the victim's assault in the investigative agency; and (v) the victim's witness was found guilty of the facts charged in light of the facts charged in this case's diagnosis and misunderstanding of facts.
B. In comparison with the first instance court’s judgment on the assertion of unfair sentencing, there is no change in the conditions of sentencing, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.