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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Since the Defendant misunderstanding of facts is spitation not only of C’s face, but also of spitation on the land, the Defendant did not give a perjury, and there was no intention to give a perjury.
B. The sentence that the court below sentenced against the defendant (the penalty amount of KRW 2,000,000) is too unreasonable.
2. Determination
A. In the lower court’s determination as to the assertion of mistake of facts, the Defendant asserted the same as the grounds for appeal, and the lower court rejected the above assertion by explaining the specific and consistent statement of the victim, circumstances at the time of assault, etc., consistent with the facts charged. Examining the above judgment of the lower court in comparison with the records, the lower court’s determination is just and acceptable, and there is an error of law that misleads the
subsection (b) of this section.
Therefore, the defendant's assertion of facts is without merit.
B. The judgment of perjury as to an unfair assertion of sentencing is a function of protecting the state’s judicial action as the protection of the legal interest of the State, and preventing a trial and judgment to find the truth from being endangered. In light of the above legal interests and functions of the protection of perjury, the act of the defendant is not good, and the defendant still denies his/her crime until the trial of the party. Therefore, strict punishment is required.
Defendant has a record of criminal punishment related to multiple violence.
The judgment below
In light of the fact that there is no new circumstance to consider the sentencing after the sentence, and all the conditions of sentencing as shown in the arguments, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below is too unreasonable.
Therefore, the defendant's improper assertion of sentencing is without merit.
3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.