A. The Defendant, like the facts charged, did not have inflicted any injury on the victim E, such as brain salvin, by putting salvating the victim E head debt.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the court below, such as E and F’s statement in each court below’s original judgment, injury diagnosis, and scarfic photo, etc., on the ground that the Defendant did not return KRW 100 million invested by the Defendant, it is recognized that the Defendant inflicted bodily injury, such as brain dead, etc. requiring approximately two weeks of medical treatment by putting a trace of the victim’s head collection as stated in the facts charged, and thus, the Defendant’s allegation in this part is without merit.

(The victim reported to the police by 112 telephone on the day of the case, and prepared a written statement to the effect that the defendant removed his head from the defendant, and that the statement to that effect is consistent and specific until the court of original trial, and therefore credibility of the statement exists).

The main reason for the occurrence of the instant crime is that the Defendant did not have any previous conviction against the Defendant’s assertion of unfair sentencing, and that the Defendant was unable to recover approximately KRW 100 million after investing in the victim’s solicitation.

However, the Defendant did not seem to have an attitude against the Defendant denying his criminal act; the statutory penalty (a imprisonment for not more than seven years, suspension of qualification for not more than ten years, or a fine not exceeding ten million won) of the instant crime; the Defendant did not go against the Defendant’s will or recover from damage until the Defendant was in the trial; and there is no particular change in circumstances considering the sentencing following the lower judgment; and the background, means and method of the instant crime; the result of the instant crime; the circumstances after the instant crime; the Defendant’s age, happiness, and environment; and the sentencing prescribed in Article 51 of the Criminal Act, as shown in the records and arguments.