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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In other words, the Defendant was guilty of the Defendant’s clothes of the victim, and the Defendant did not assault the victim’s face, such as fating fat, and fating fat, etc., and instead, suffered an injury by assaulting the victim, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 300,000) is too unreasonable.
2. Determination
A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the defendant could sufficiently recognize the facts of the assault, such as the victim's face face was used once and flabing flab, etc. as stated in the judgment of the court below. Thus, the defendant's assertion of mistake of facts is without merit.
B. Although it is recognized that the Defendant was assaulted by the victim during the process of committing the instant crime, it does not seem that the Defendant’s mistake, such as denying the instant crime, etc. up to the trial by the victim, the Defendant does not seem to be genuinely against the Defendant. The Defendant has been punished several times due to the same crime, there is a criminal record subject to a suspended execution, and the victim also received a summary order of a fine of KRW 1.5 million due to the Defendant’s injury to the Defendant, and the Defendant’s age, character and behavior, environment, motive, means, and consequence of the instant crime, and all other sentencing conditions specified in the records and arguments, including the circumstances after the commission of the instant crime, are considered to be reasonable, and the sentence imposed by the lower court is not deemed to be unreasonable. Therefore, the Defendant’s assertion of unfair sentencing is also groundless.
3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.