가. 사실 오인 특정범죄 가중처벌 등에 관한 법률위반( 보복 폭행 등) 의 점과 관련하여, 피고인이 피해자의 뺨을 가볍게 1회 툭 쳤을 뿐이고, 피해자의 멱살도 잡지 않는 등 피고인에게 보복의 목적이 없었음에도, 이 부분에 대하여 유죄를 인정한 원심판결에는 사실을 오인하거나 ‘ 보복의 목적 ’에 관한 법리를 오해한 위법이 있다.

B. At the time of committing the instant crime with mental and physical weakness, the Defendant was in a state of mental and physical weakness by not only drinking alcohol but also having failed to sleep.

(c)

The punishment of the court below (one year of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding the facts or misapprehension of the legal principles, the court below rejected the above assertion by stating in detail the defendant's assertion and its determination under the title "the determination of the defendant and his defense counsel's assertion" in the judgment of the court below, with the same assertion as the grounds for appeal. In line with the records, the judgment of the court below is just and it is erroneous in the misapprehension of the legal principles as to "the purpose of retaliation" or "the purpose of retaliation" as alleged by the defendant.

The defendant's assertion is without merit.

B. According to the record as to the assertion of mental and physical weakness, it appears that the Defendant dices alcohol at the time of each of the instant crimes, was unable to properly sleep. However, in light of the background leading up to the crime, the method and method of the crime, and the circumstances after the crime, etc., the Defendant was in a state that the Defendant was unable to discern things or make decisions due to lack of alcohol or water surface at the time of each

Therefore, the defendant's assertion is without merit.

(c)

As to the unfair argument of sentencing, various circumstances cited by the court below in the decision of the sentence shall be considered, and changes in the situation after the decision of the court below.