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The defendant's appeal is dismissed.
Expenses of the trial shall be borne by the defendant.
Reasons
The defendant who misleads the defendant as to the summary of the grounds for appeal has only caused a dispute with C with the victim due to taxi charges, but has not abused the victim.
The punishment of the court below (1.5 million won) which is unfair in sentencing is too unreasonable.
Judgment
In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake, namely, the background leading up to the victim's assault in the investigative agency and the court below's trial; the victim's photograph taken by the investigative agency immediately after the instant case, the victim's photograph taken by the investigative agency is standing above the entrance examination (which page 21 of the evidence record); and the victim's injury diagnosis document issued on the following day also has the "devision inspection" (which page 23 of the evidence record), etc., the Defendant abused the victim as described in the facts charged.
It can be sufficiently recognized, and the defendant's assertion of mistake is without merit.
In full view of the fact that the injured party of the judgment on the unfair argument of sentencing wants to be punished by the defendant (17 pages of evidence, 43 pages of the trial record), the fact that there is no change of circumstances that may be considered in the sentencing after the judgment of the court below, and other various circumstances that form the conditions of sentencing as shown in the records and arguments, the court below’s punishment is too unreasonable, and thus, there is no reason for the defendant’s unfair argument of sentencing.
Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit, and it is decided as per Disposition by applying Articles 191 (1) and 190 (1) of the Criminal Procedure Act with respect to the costs of lawsuit.