A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

A. The Defendant of mistake of facts did not look at the victim’s elbow in the process of cutting off the golf loans possessed by the victim, but did not look at the victim’s elbow.

B. The sentence imposed by the lower court on the Defendant (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below on the assertion of mistake of facts, the victim consistently stated in the investigation agency and the court below that "the defendant collected golf loans from the second floor of C, while under the influence of alcohol, and used them on the second floor of C, one time at the victim's head, and the upper part of the victim's head five times above the victim's head, after destroying golf loans," and each photograph taken by the police showed that the victim's head was faced with 5 times at the victim's head. According to the images of the victim's head, the victim was faced with the victim's ma, co, surrounding, blus, blus, etc., after the occurrence of the case, the victim was treated with the Emedical Board immediately after the occurrence of the case, and the victim appealed two weeks at the time, and the victim was diagnosed with "the brain spawn, spawn, and spawn with the victim's injury", and the victim's assertion that the victim raised the injury or injury as stated in the charges.

B. The instant crime on the assertion of unfair sentencing is one of the crimes committed by the Defendant with golf bonds, which are dangerous objects, and the nature of the crime is not good, and the Defendant was punished once and one of the suspended execution due to the violation of the Punishment of Violences, etc. Act, which is the same kind of crime.