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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal 1) The Defendant did not have any misunderstanding of the fact with the victim at the time of the instant case, but did not have any satisfe the victim or intended the victim, and did not interfere with the business of the victim by avoiding the disturbance.
2) The sentence of the lower court that is unfair in sentencing (one million won in penalty) is too unreasonable.
2. Determination 1) According to the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts, the following circumstances are acknowledged.
① The victim stated consistently from the investigative agency to the court below that, among many people, the victim had been demoted by the Defendant for the new employees, “the victim was saluted by saluting a salute and saluting a salute,” etc., and the victim was saluted into the wall by putting the salute of the victim’s salute and saluting the head (see, e.g., evidence record 1:7-9, 12-13, 50-51, 53). ② The witness F was heard the lecture of the victim at the time of the instant case at the investigative agency and the court below. However, the strong salute group was found to have been the victim.
Thus, the injured party stopped his/her mouth, and the sound that takes out outside of the future, and the defendant was able to take the victim's desire, and he/she was sprinking him/her, and she was spherbling and haired with the victim's hair.
The testimony was made (Evidence 2:21 to 22, and the trial records from 56 to 58). The statement by the witness is consistent with the above statement by the victim.
③ The victim did not appear in the photo of the victim’s body photograph (see, e.g., 2 rights 9 to 10 pages of evidence record) taken by the victim on the day of the instant case. However, the victim’s first photograph (the page 9 page of evidence record) was an assault against the Defendant and was stamped after 30 minutes, and the second photograph (the page 10 page of evidence record) was written as a photograph before leaving the body in order to put the body above the date of the instant case.