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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. There was no fact that the Defendant merely told the victim that “packers have no parent,” and that “Ping years, two years, and such days have been same” was read as “Ping years, two years,” respectively.
B. The Defendant’s act of misapprehension of the legal doctrine constitutes a justifiable act that does not go against social norms.
C. Judgment of the court below on unreasonable sentencing: fine of one million won
2. Determination
A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of fact, the defendant's desire to the victim as stated in the facts constituting the crime in the judgment below is recognized, and this part of the defendant's assertion is without merit.
B. In the judgment of the court below as to the assertion of misunderstanding legal principles, the defendant argued the same as the grounds for appeal in this part, and the court below rejected such assertion by clearly explaining the judgment at the bottom of the summary of the evidence of the judgment. In light of the records and closely comparing the contents of the judgment of the court below, the judgment of the court below is justified, and therefore,
C. In full view of the following: (a) the Defendant’s previous and several times to determine the allegation of unfair sentencing; (b) the Defendant denies the crime and does not seem to have an attitude of reflection; and (c) other various conditions of sentencing as indicated in the instant argument, including the motive and background of the crime; (d) the Defendant’s occupation, character and conduct, and environment, etc., the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion; and (e) there is no change in sentencing conditions to deem that maintaining the sentencing of the lower court is unreasonable, and thus, it cannot
Therefore, this part of the defendant's assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.