A defendant shall be punished by imprisonment for not less than eight months.

A. The Defendant, by mistake of facts, committed an assault against the victim on June 4, 2016, and did not commit an assault or bodily injury against the victim on any other date stated in the facts constituting the crime as indicated in the lower judgment.

B. The punishment sentenced by the lower court (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. The records revealed as to the assertion of mistake of facts, i.e., ① the victim suffered violence or injury from the defendant, as shown in the facts constituting an offense in the original judgment, consistently from the investigative agency to the court of the original judgment, as follows:

Except as provided in paragraph (2) of the facts of the crime in the judgment of the court below, the following facts can be fully recognized: (a) there is a photograph of injury, a certificate of diagnosis, a medical instruction, and a statement of 112 reported (in the case of paragraph (2) of the facts of the crime in the judgment of the court below, there is no objective data corresponding thereto; (b) there is no possibility that the victim made a false statement only concerning the relevant facts of the crime in the judgment of the court below; (c) the defendant had been punished as the crime of injury to the victim even before the case, and even in the case, he denies part of the crime in the court of first instance as stated in the facts of the crime in the judgment of the court below.

This part of the defendant's assertion is without merit.

B. As to the wrongful assertion of sentencing, the crime of this case is committed by the Defendant who assaults or inflicts bodily injury on a female living together, and its nature is very poor. In particular, even before the instant case, even if the Defendant was punished by inflicting bodily injury on the victim, the Defendant repeated the same crime against the same victim, and the Defendant did not oppose the Defendant’s denial of most criminal facts up to the trial, and the victim wanted to impose severe punishment on the Defendant.