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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant unilaterally committed an assault against the victim, and did not commit an injury by pushing the victim.
Nevertheless, the judgment of the court below which found guilty of the facts charged of this case is erroneous by misunderstanding facts and affecting the conclusion of the judgment.
B. In consideration of the various circumstances of the Defendant’s unfair sentencing, the lower court’s punishment (the fine of KRW 500,000) is too heavy.
2. Determination
A. The following circumstances revealed by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the victim clearly stated the situation at the time when the defendant under the influence of alcohol was pushed down to the bottom of the investigation agency, and the court below also made consistent statements to the same purport (No. 11 of the investigation record, No. 24 of the trial record). The defendant visited the emergency room of an adjacent F Hospital at around 23:20 on October 20, 2012, which was about 3 hours after the victim was in time with the victim, and the victim visited the emergency room of an adjacent F Hospital at around 23:20 on October 20, 201, and complained of the other party with the shoulder and the lower part of the charge (No. 27 of the investigation record). However, the victim's appeal against the evidence on the day of this case by the victim was not sufficient. Thus, the victim's allegation that it was sufficient to acknowledge this part of the charges.
B. Although there are circumstances in which the Defendant’s judgment on the assertion of unfair sentencing committed the instant crime in the course of dispute with the victim, and the circumstances may be somewhat considered, the victim also suffered injury requiring treatment for about two weeks, did not agree with the victim, and all the records and arguments of the instant case, including the Defendant’s occupation, family environment, and circumstances before and after the crime, etc., are revealed.