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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
In relation to the fact-finding of the special injury in this case, there is no fact that the victim E is faced with.
With respect to special injury by misunderstanding legal principles, even if the injured party does not receive treatment minorly, it does not constitute an injury under the Criminal Act because it does not interfere with daily life and can be naturally cured.
Even if not, the facts charged of the special injury of this case should be applied to the crime of injury resulting from special violence.
In relation to special intimidation, the crime of intimidation cannot be established because the statement made by the defendant to the victims does not correspond to the threat of harm and the victims did not drink.
The sentence (six months of imprisonment) sentenced by the court below on unreasonable sentencing is too unreasonable.
At the time of committing each of the instant crimes with mental disorder, the Defendant was in a state of mental disorder.
Judgment
In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the defendant can be recognized as having a close-down relationship after putting the victim E at a single time with golf loans as stated in the judgment of the court below.
The judgment of the court below is justified.
Victim E has consistently and specifically stated the major part of the facts charged, such as the course and process of the instant case, and details of damage.
비록 피해자가 2019. 11. 10.에는 ‘피고인이 주먹으로 왼쪽 턱을 때리면서 골프채로 턱을 밀었다’고 진술하였다가, 2019. 11. 20.에는 ‘피고인이 골프채로 턱을 친 후 골프채 끝 부분으로 턱을 밀면서 눌렀다’고 진술하여, 피고인이 주먹으로 턱을 때린 점에 관한 진술을 번복하기는 하였으나, ‘맞은 부위가 너무 아파 주먹이라고 생각하였었는데 곰곰이 생각해보니 골프채였다’는 진술 번복의 경위가 이해 못할 바 아니고, 피해의 주된 취지는 일관되게 유지하고 있어 신빙성이 있다.
A witness of this case is also the same.