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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although the Defendant did not commit each of the instant facts charged, the instant indictment was instituted upon the completion of a high-tension investigation between the police and the prosecution, even if there was no fact that each of the instant charges was committed.
Nevertheless, the lower court did not take care of the Defendant’s suppression and found the Defendant guilty of all the charges of this case.
B. The defendant guilty for an unfair sentencing
Even if the court below's sentence (two years of suspended sentence in June, fine of one million won, and community service order) imposed on the defendant is too unreasonable.
2. Judgment on the grounds for appeal
A. As to the assertion of mistake of facts on the following grounds, since all of the facts charged in the instant case is proven guilty, the lower court that found all of the facts charged in the instant case guilty did not err by misapprehending the facts.
1) The victim’s investigative agency and the court below’s legal statement were made as evidence directly consistent with the facts charged in the instant case, and the victim’s statement is reliable, such as there are differences in the body and consistency, and there are no objective circumstances and differences.
2) The death diagnosis letter was issued at theY Hospital on March 23, 2016, when two months have elapsed since the crime of injury in the instant facts charged, and the purport that “the victim refused the inspection and was issued under the clinical conditions based on the victim’s statement” is stated. However, the victim complained of the pain that the victim was under the treatment after approximately one hour and 30 minutes from the time when the crime of injury in the instant facts charged was committed, and the victim complained of a Y hospital again on January 28, 2016, and claimed that “the victim was under the chest of the backhead wall,” and the victim already stated that “the Y Hospital was under the influence of the victim,” in the first record of the first record prepared on the same day, the victim was under the name of the disease.