Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although there was a misunderstanding of facts against the victim D, the Defendant did not commit an assault as he saw blickly.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.
B. The lower court’s sentencing (200,000 won of fine) is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, i.e., the police officers of the victim D and each statement in the court of the court below that the defendant used to assault the victim D while citing the care of the victim D, are specific and consistent, and credibility is high in light of the unique circumstances at the time of the case, and ② the witness E’s statement in the court of the court below is consistent with the above victim’s statement, it can be sufficiently recognized that the defendant used to assault the victim, such as the facts charged, so the above argument by the defendant is without merit.
B. In full view of the Defendant’s age, character and conduct, environment, motive and background leading to the instant crime, method and consequence of the instant crime, and the circumstances before and after the instant crime, etc., the lower court’s sentencing cannot be deemed to be too unreasonable and unreasonable. Therefore, the Defendant’s above assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.