Text
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
(a) If the defendant misunderstanding the fact that he was fluored by the victim's chests and side fluor, the victim's chests and side fluor was inflicted on the victim's chests or side fluor;
In light of the victim's statement, etc. that there was no such fact, and that CCTV images and scarbls were scokeed even, there was no fact that the defendant used the victim as stated in the judgment of the court below.
Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the facts.
B. The punishment sentenced by the lower court (2 million won) is too unreasonable.
2. The following circumstances acknowledged by the lower court based on the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts: (i) the victim was abused by the Defendant as stated in the investigation stage and the court of the lower court’s decision;
In light of the fact that the CCTV images at the scene of this case were specifically and consistently stated, and ② the Defendant was confirmed to have seen the victim with a fluorous shape and a fluoring machine while driving away the victim at the time of this case, which conforms to the above statement of the victim, the lower court’s judgment that found the Defendant guilty of the facts charged of this case is justifiable, and there is no violation of law by mistake of facts as alleged by the Defendant, as long as the facts charged of this case consisted of violence against the victim, and there is no violation of law by mistake of facts as alleged by the Defendant (as long as the facts charged of this case were constituted as the
The defendant's above assertion is without merit. Accordingly, the defendant's above assertion is without merit.
3. The fact that the Defendant denied the instant crime of determining the illegality of sentencing, and the Defendant committed the instant assault even if he had the record of being punished for the same kind of crime, etc., is disadvantageous to the Defendant.
On the other hand, however, it is.