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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant did not incur injury to the victim as stated in the facts charged.
B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.
2. Determination
A. The following circumstances acknowledged by the lower court and the evidence duly adopted and investigated by this court as to the assertion of mistake of facts: (i) the victim has consistently made a statement in the investigative agency and the court of the lower court on the background, mode, situation before and after, and part of the injury, etc. of the instant assault; (ii) the victim’s photograph (No. 23 and 24 pages of evidence No. 23 and 25 of the evidence record) corresponds to the victim’s statement; (iii) even at the time of the instant case, E was a witness of the fact that the Defendant inflicted an injury due to scambling the victim’s hair, etc.; and (iv) although, in light of the relationship between K and the Defendant and the aforementioned circumstances, K appeared as a witness at the court of the first instance and stated that the Defendant was unable to be deemed a victim at the time of the instant case, the fact that the Defendant inflicted an injury as stated in the facts charged is sufficiently recognized.
The defendant's above assertion is without merit.
B. The Defendant’s primary offender who did not have criminal power is more favorable thanks to the allegation of unfair sentencing.
However, considering the fact that damage has not been recovered, the unfavorable circumstances such as the fact that there is no special change of circumstances to be reflected in the sentencing after the sentence of the lower judgment, and other unfavorable conditions of sentencing as shown in the records and arguments of the instant case, such as the Defendant’s age, character, conduct, occupation and environment, motive and circumstance leading to the instant crime, and circumstances after the crime, etc., the lower court’s sentence is too unreasonable.