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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
가. 사실 오인 주장 피고인은 화가 나서 목을 잡은 시늉을 낸 것인데 바로 112 신고를 하여 멱살을 잡았다고
Hashetho Hashetho
There is no evidence that the fingers are flapsing, such as that the fingers go or clothes are increased.
B. The Defendant alleged unfair sentencing is a single-class patient, and the victim changed the key of the common toilet used by the Defendant for more than seven years and did not inform the key password.
Defendant
It is the pain that the patient suffers inconvenience in using toilets is added to death.
The Defendant shall pay a fine, taking into consideration the damage inflicted by making soup near a month the construction noise and taking into consideration the damage.
U.S.C.
2. Determination
A. The following circumstances acknowledged by the lower court based on the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, that is, the victim consistently saw the victim’s head.
The defendant himself has made a statement, and the defendant himself has also made the clothes of the victim and made the fact that he has sleeped.
In full view of the fact that the Defendant applied for a formal trial by stating that “the amount of punishment is too large” as to the reasons for applying for a formal trial, the Defendant can sufficiently recognize the fact that the Defendant committed an assault against the victim by breathing the flaps of the victim. Therefore, the allegation of mistake is without merit.
B. In full view of the circumstances favorable or unfavorable to the Defendant’s judgment on the unfair argument of sentencing, and all the circumstances of sentencing, including the Defendant’s age, sex, career, family relation, environment, motive, means and consequence of the crime, circumstances after the crime, and experience in the same kind of crime, etc., even if considering the various circumstances alleged by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable, and thus, there is no reason for the wrongful argument of sentencing.
3. Thus, the defendant's appeal is correct.