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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
misunderstanding of facts or misunderstanding of legal principles, the Defendant was guilty of the facts charged in this case on the ground that the victim got out of the place where the defendant was stopped in driving a taxi and did not assault the victim's face because of the fact that the victim got out of time, and the wife suffered from the taxi was naturally cured in daily life. Thus, the judgment below which found the Defendant guilty of the facts charged in this case was erroneous or misunderstanding of legal principles that affected the conclusion of the judgment.
When committing the instant crime, the Defendant was in the state of mental and physical disability or mental health disorder.
Punishments (two million won of fine) imposed by the court below on the defendant in an unreasonable sentencing are unlimited and unfair.
Judgment
In other words, the following circumstances acknowledged by the evidence duly adopted and examined at the court below and the court below's decision on the assertion of mistake of facts or misapprehension of legal principles: ① it is difficult to view the victim's statement as a witness of the political party's trial as having made a false statement, and the victim's statement was made from the time when the first police was dispatched to the defendant, and the police was made a statement corresponding to the facts charged in this case from the time immediately after the police investigation in this case to the trial court, and it is judged that its credibility is sufficient because any particular contradiction is not discovered; ② According to the taxi receipt, the victim's statement is 0:32 from July 25, 201 to 26:32 from July 23: 25, 2011 when the victim was on board and operated a taxi, and the time when the defendant settled the card is 00:36,000 won from the same day; the time when the operation of the taxi receipt indicates the time of the vehicle prior to the settlement of the card; and the victim reported it to the police.