Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although the defendant of mistake of facts was faced with the victim while playing while dancing in the bus of this case, there is no fact that the victim intentionally assaulted or harming the victim.
B. The sentence of a fine of KRW 300,000 imposed by the lower court on the Defendant is too unreasonable.
2. Determination
A. As evidence consistent with the facts charged in this case’s assertion of mistake of facts, the victim’s investigative agency and the court of original instance have written diagnosis of injury to the victim’s statement and the preparation of doctor F. The evidence duly admitted and investigated by the court of original instance and the court of original instance. In other words, ① the victim has consistently made a statement in conformity with the facts charged in this case from the time when the first statement was made to the court of original instance, to the time when the court of original instance was made. In particular, when the defendant was present in the process and seat at the time when the defendant was disputed, the defendant’s statement is specific, such as Da and Da, stating that he was aware of the reason when the defendant was pushed or was satisfying within the tourist bus in this case. ② The defendant himself had danced within the tourist bus in this case, and the fact that the victim was satisfy with the victim, ③ the victim’s diagnosis of injury to the victim in this case was prepared within 3 days after the date of occurrence of the instant case’s diagnosis.