beta
Text
The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
Although there was no misunderstanding of facts that the defendant did not have the head debt of D, and only the shoulder was broken, the judgment of the court below which found the defendant guilty of the facts charged in this case is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
The punishment of a fine of 300,000 won imposed by the court below on the defendant is too unreasonable.
In light of the following circumstances acknowledged by the court below's legitimately adopted and examined evidence, namely, ① the statement in the court below and investigation agency of D and F at each court below's own discretion is consistent and consistent with the main part of D's head, ② there is no particular circumstance or motive that D and F made a false statement; ③ no particular circumstance or motive is found to suspect credibility is found; ③ even based on the statement of reasons for appeal and formal trial submitted by the defendant, even based on the defendant's statement of reasons for appeal and formal trial, it is reasonable to view that the defendant used D's hand to her hand to her hand, and the defendant also stated to the purport that D's head her head satis, thereby obstructing the legitimate execution of official duties by assaulting D. Thus, the judgment of the court below is just and there is no error of law that affected the conclusion of the judgment by mismisunderstanding the facts charged in this case and adversely affecting the conclusion of the judgment.
Therefore, the defendant's assertion of mistake is not accepted.
As to the assertion of unfair sentencing, the Defendant is recognized to have committed the instant crime by hearing the phrase that the amount of livelihood benefits to be reduced in the amount of livelihood benefits for basic livelihood recipients is expected, and the Defendant appears to have committed the instant crime in a contingent manner, and the Defendant suffers economic difficulties as a basic livelihood recipient.
However, the Defendant denied the instant crime and made a false statement with D, etc.