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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant was guilty of the facts charged on the basis of the victim’s statement on the part of the victim with no credibility, etc., even though he/she did not intentionally use violence, the lower court erred by misapprehending the legal doctrine that affected the conclusion of the judgment, which affected the conclusion of the judgment.
B. The sentence sentenced by the lower court to the Defendant (the penalty amounting to KRW 1.5 million) is excessively unreasonable.
2. Judgment on the grounds for appeal
A. The lower court acknowledged the following facts based on the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, namely, ① the victim, from the investigative agency to the court of the lower court, consistently and specifically stated the Defendant’s method and process of violence, etc. to the effect that “the victim was injured by harming the victim by breaking the breath’s breath,” and the victim made a false statement to gather the Defendant. However, in light of the consistency of the previous and previous statements, objective reasonableness of the contents of the statement, and attitude of the statement, etc., the credibility thereof can be sufficiently recognized
In light of the fact that there is no special motive or reason to see, (2) there is no evidence to support the victim’s statement, such as the investigative agency of the witness F of the court below, each of the statements in the court below, and the contents of the diagnosis of injury, which witness F of the court below who observed the Defendant’s violent exercise at the site, and (3) the victim’s right to access the Defendant’s land is presumed to have exercised violence against the victim as the victim and the Defendant, who is not adequate for appraisal due to the boundary and passage problems between the victim and the land, etc., it can be sufficiently recognized that the Defendant inflicted an injury on
Therefore, such as this.