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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
① In relation to the mistake of facts on October 25, 2012, the Defendant did not assault the above victim, and ② in relation to the injury to the victim F on May 1, 2013, the Defendant and D carried out a fighting between the Defendant and the victim F while the Defendant and D were involved in the Defendant’s breath while the Defendant and D were faced with the Defendant, and again carried out the fighting from the surrounding people. However, as stated in this part of the facts charged, the Defendant had the victim F in excess of the victim’s losses, etc., and did not receive the said victim’s losses, etc., due to the Defendant’s act.
Therefore, the judgment of the court below that found this part of the facts charged guilty is erroneous and adversely affecting the conclusion of the judgment.
The sentence of unfair sentencing (two months of imprisonment, two years of suspended execution, two years of probation, community service, 120 hours of imprisonment) of the lower court is unreasonable.
Judgment
On October 25, 2012, the following circumstances acknowledged by the court below and the court of first instance by the evidence duly adopted and examined by the victim D on October 25, 2012, the victim D consistently stated that he/she suffered an injury by assault from the defendant as stated in this part of the facts charged from investigative agency to the court of original trial (Article 87 of the Investigation Records, title 7 of the Investigation Records, title 87 of the trial records), 2 corresponding diagnosis (Form 1, title 26 of the Investigation Records), 112 report receipt processing statement (Article 145 of the Investigation Records), and the above 112 report receipt processing statement (Article 1, title 145 of the Investigation Records), and the defendant stated that he/she submitted a written complaint to the police station after consultation with the reporter (victim) and completed the report. In full view of the facts, it is recognized that he/she inflicted an injury on the victim on October 25, 2012, and contrary to this, each of the above statements from J-K and K court.
May 1, 2013, injury to the Victim F.