A. The Defendant did not assault the victim as stated in the judgment of the court below.

B. The sentence of the lower court (an amount of KRW 700,000) that is unfair in sentencing is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant also asserted the same purport as the assertion of mistake of the above facts, and the lower court, by clearly explaining the decision in detail, may sufficiently recognize the fact that the Defendant used the victim as described in the judgment of the lower court.

In light of the evidence duly admitted and investigated by the court below, the judgment of the court below is justified, and the defendant's assertion of mistake is without merit.

B. The fact that the Defendant’s judgment on the unfair argument of sentencing is not good for the aged is a favorable condition.

However, in full view of all other circumstances such as the Defendant’s age, sex, environment, health condition, circumstances after the crime, etc., including the fact that the Defendant was not recovered from damage, and the fact that there was a record of punishment against the same victim even before the crime of this case, etc., the lower court’s sentence is deemed reasonable and too unreasonable, and thus, it does not seem that the Defendant’s unfair assertion of sentencing is groundless.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.