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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of erroneous determination of facts, the Defendant was out of his or her own awareness while engaging in a dispute over the victim’s wages, who is a person in charge at the construction site, and did not have the victim’s awareness, or was out of, his or her awareness. Rather, he or she was assaulted by B and the victim, who was the president at the construction site that appeared after diving.
The judgment of the court below which acquitted the defendant and convicted him of the facts charged is erroneous as it affected the judgment.
B. The lower court’s sentence of an unreasonable sentencing (700,000 won) against the Defendant is too unreasonable.
2. Determination
A. The victim and B stated in the investigative agency and the court of original instance that “the Defendant was subject to the same criminal facts as the facts stated in the judgment of the lower court.” On the other hand, the Defendant asserts from the investigative agency to the trial of the lower court that “the Defendant did not commit any assault against the victim.” 2) Each statement made between the victim and B is specifically reported in detail the progress of the instant case, and the content does not go against the general life experience and possibility, and it is highly probable.
In particular, the victim has opened the names of those who observed the instant case in detail.
(Evidence Records 19, 20, 29, 30, 63, and 64, and trial records 42-44, 46, 47, and 52). Also, the statements made by the victim and the statements made by B are generally separated from each other.
3) On the other hand, the Defendant’s statement is relatively weak when the description of the case is lacking in body and compared with the statement of the victim and B. In particular, compared the Defendant’s statement on the process of the assault, etc. of this case with the victim and B, the contents of the statement are somewhat unlikely in light of the general living experience, and there is no witness to such situation (Evidence No. 41,50 pages).