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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) does not change the victim’s motive as stated in the facts charged.
2. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the lower court fully recognizes the fact that the Defendant took a bath as stated in the facts charged to the victim.
Therefore, the defendant's assertion of facts is without merit.
① At the court of the court below, G is concerned with the fact that “In general, the defendant and C are memoryed about this case at the time when the police was investigated, but all the two persons (the defendant and C) have expressed a desire for the victim and his behavior.
“The trial record is 50,51 pages). 2. G in the police police, “The young male (victim and E) of this year was expressed as “The young male (victim and the injured).”
”, “ 흰 머리 아저씨( 피고인) 가 그런 욕( 개새끼, 호로 새끼, 아버지뻘한테 싸 가 지가 없다, 확 패 버리고 싶다) 을 했던 것 같습니다.
The police officer has expressed his desire even when he had been a police officer.
(3) The victim’s friendship E submitted a criminal complaint (12 pages of investigation records) and a written statement (13 pages of investigation records) to an investigative agency, and did not state the facts that the defendant took a bath. However, after the occurrence of the case, he was investigated by the police as a witness, who was subject to the investigation by the police, and was under investigation by the witness of the case, and made a complaint against C only by means of insult, without going through a serious desire, and the defendant also expressed to B, but rather expressed to the effect that “the victim did not bring a criminal complaint against the defendant because he did not take a more severe desire for the victim” (27,28 pages of investigation records).