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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The court below convicted the victim E of mistake of facts (in the part of the crime of injury) that the victim E was the wind of avoiding the head of the defendant, and although the defendant did not have inflicted an injury by breaking the shape of the above victim by cutting the breath, the defendant was guilty. The court below erred by misapprehending the facts, which affected the conclusion of the judgment.
B. The sentence of the lower court (a fine of three million won) against the Defendant is too unreasonable in light of the overall circumstances, such as the fact that there is a point of view in light of the background of the crime of religion-unfair punishment.
2. Determination
A. The following circumstances revealed by the evidence duly admitted and investigated at the court below and the trial court in regard to the assertion of mistake of facts: (i) the defendant also recognized the fact that franchisation was made along with the victim at the time of the investigation stage from the investigation stage, and that franchisation was made to the victim: (ii) the victim E, witness G with the victim at the time, and J consistently made a specific and consistent statement from the investigative agency to the court below; (iii) each statement from the witness K, the trial witness M, and N is in accord with the defendant's assertion; but (iv) K reversed the statement to the investigative agency; and (v) it is difficult for the defendant to have made a false statement as it is, such as a somewhat ambiguous statement about the situation where the victim exceeded M and N's statements, it can be recognized that the defendant inflicted an injury on the victim beyond the victim as in this part of the facts charged, and therefore, the above assertion by the defendant is without merit.
B. On May 11, 2011, the instant crime committed on the assertion of unreasonable sentencing: (a) around the victim E without any particular reason, the Defendant, while putting a bath to the victim E without any specific reason; (b) putting the victim at the expense; and (c) putting the victim over the floor by putting him/her a ebbbbbbbbbing the victim; and (d) putting the victim in need of treatment for about five weeks;