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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact, the Defendant’s misunderstanding of the fact is not guilty of having injured the victim’s fingers, and there is no possibility of having injured the victim’s fingers regardless of the Defendant’s act. Thus, the Defendant should be pronounced not guilty.
B. Sentencing
2. Determination
A. As to the assertion of mistake of facts, the following circumstances revealed by the evidence duly adopted and examined by the court below, namely, ① the victim, from the investigative agency to the court of the court below, consistently stated that “the Defendant was fluored with the Defendant’s vision while drinking alcohol, and the Defendant was fluored with the Defendant’s shouldered, and the victim was fluored with the finger hand.” ② The victim’s injury portion and degree revealed by objective evidence, such as photographic photographs, correspond to the victim’s statement, ③ the circumstance before and after the crime was committed, ③ the Defendant merely changed to the purport that “the Defendant was not fluord with the alcohol.” At the time, it is difficult for the victim to present the possibility that the injured person was fluorous, regardless of the Defendant’s crime, because the Defendant and the victim were in the process of vision with sound, and ④ there is no objective evidence to acknowledge credibility of the witness’s statement in the court below, and there is no other objective evidence to support credibility of the witness’s statement.
Since the court below's decision is sufficiently acceptable, there is no error of mistake of facts.
Defendant
The argument is without merit.
B. The victim does not actively want to punish the defendant with regard to the wrongful argument of sentencing, and the degree of injury seems to be relatively minor.
However, the court below's decision is advantageous to the fact that the defendant did not make all efforts to recover damage while denying the crime, and has been punished several times for the same crime.