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The defendant's appeal is dismissed.
Expenses of the trial shall be borne by the defendant.
Reasons
1. Summary of grounds for appeal;
A. Recognizing the fact that the victim of the misunderstanding of the fact was sealed, the lower court found the victim guilty of the facts charged, by misunderstanding the fact, although the victim did not have the same injury as the stated in the facts charged.
B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.
2. Determination
A. As to the assertion of mistake of facts, the Defendant asserted the same purport in the lower court, and the lower court rejected the Defendant’s assertion and found the Defendant guilty of the facts charged in full view of the circumstances in
In addition to the following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below's decision, the court below's finding the defendant guilty of the facts charged is justified.
The Defendant’s assertion of factual mistake is difficult to accept.
1) In the response to the fact-finding inquiry by the lower court, L Council members I may receive the diagnosis of the victim as an acute disease and may be caused by the shoulder credit.
’ 는 의견을 제시하였다( 공판기록 35 쪽). 2) 사건 상황을 목격한 D은 원심 법정에서 ‘ 피고인이 피해자의 어깨 정도를 밀어 피해자의 어깨가 파티션에 부딪혔고, 피해자가 1m 50cm 정도 밀려 나가 엉덩방아를 찧었으며 엉금엉금 긴 것 같다.
Up to the body of the body, it was used on the floor.
“A young male (Defendant) was sent a statement to the lower court (the trial record 117, 118, 120, 123 pages). In addition, E even having observed the situation of the instant case, the police sent a young male (Defendant) to the chief of the management office (victim).
The chief of the management office is 2 meters away from one another.
It is reasonable for the defendant to tightly injure the victim.
피해자가 어깨를 만지며 쩔쩔매면서 고통스럽게 일어났다.
“The Defendant made a false statement” (Evidence No. 55,56 pages), and in the trial court of the political party “this giving rise to the fact.”
“The victim was pushed down while doing so, and the victim was also the victim.