The defendant's appeal is dismissed.

In consideration of the circumstances below the summary of the grounds for appeal (misunderstanding of facts), there is no fact that the defendant is not harming the body of the victim G as stated in the facts charged.

The victim testified in the court of the court below to the effect that “the defendant was pushedly and pushed down,” and the police made a statement to the effect that “the defendant was pushed down as soon as the defendant was deadly,” and thus, it is not consistent with the statement.

Witness H was unable to view that the police was sealed by the defendant.

The statements are inconsistent with the statements of the victim and do not directly witness, so it is insufficient to take them as evidence.

The mobile phone video file CD may not be directly proven because the defendant does not contain a secret-friendly face of the victim.

Judgment

The Defendant consistently resisted from the police to the core of the offense while denying the Defendant’s crime (i.e., e., g., the evidence records 42-44). However, in full view of the following circumstances, the Defendant’s body, as described in the facts charged, is recognized.

Therefore, the court below did not err by misapprehending the facts.

The statements of the victim are specific and consistent with the physical characteristics of the perpetrator, the actions taken by the perpetrator after the price of the victim as follows.

변호인이 항소 이유에서 주장하는 진술이 일관되지 않는다는 부분은 세부적인 사항에 대한 것에 불과 하다. 피해자는 경찰에서부터 원심 법정까지 가해자의 신체적 특징에 대하여 ‘ 나이 50 내지 60세의 마른 체격으로 검정색 코트를 입은 남자 다 ’라고 진술하였다( 증거기록 10 면, 공판기록 42-43, 46-48 면). 피해자는 경찰에서부터 원심 법정까지 ‘ 가 해자가 피해자를 밀친 다음 갑자기 자기가 뒤로 넘어지면서 머리를 찧고 자해를 하였다’ 고 진술하였다( 증거기록 10 면, 공판기록 47-48 면). 피해자는 원심 법정에서 ‘ 당시 옆에서 목격한...