Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Fact mistake: The victim first dumped and pusheded the Defendant’s bomb, resulting in the falp, and the falp began and was entered together, and did not commit the act as stated in the judgment of the court below.
B. Sentencing: The sentence of the lower judgment (an amount of KRW 3 million) is too unreasonable.
2. Determination
A. The victim’s legal statement at the lower court, consistent with the facts charged, and the suspension of the victim’s questioning on the day of the instant case (see, e.g., the 31st photograph of the investigation record) unilaterally met.
In full view of the F’s statement at the lower court to the effect that it was talked that the Defendant was given medical treatment by changing the victim into the president and currency on the day of the instant case, the diagnosis letter to the effect that the Defendant and the victim were given medical treatment due to satisf and tension on the day of the instant case, and the victim’s status and physical strength, etc., the Defendant’s criminal facts as indicated in the lower judgment can be sufficiently recognized (Although the victim’s complaint for attempted murder was exaggerated, this shows the emergency situation at the time of the victim’s complaint). The Defendant’s assertion is without merit [It is difficult to find reasonable circumstances to deem that it is remarkably unfair to maintain the judgment as it is against logical and empirical rules because the evidence of the first instance judgment was clearly erroneous or that the evidence leading to the recognition of facts was against the logical and empirical rules (see Supreme Court Decision 2016Do18031, Mar. 22, 2017). (b) there is no reasonable reason to consider the Defendant’s motive and circumstances surrounding the instant criminal procedure, etc.