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

2) The lower court’s unfair sentencing (one year and four months of imprisonment) is too unreasonable.

2. 1) Comprehensively taking account of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the first instance court as to the assertion of mistake of facts, the Defendant could fully recognize the fact that the Defendant abused the Victim F as stated in this part of the facts charged.

① A victim F made a concrete and consistent statement at an investigative agency and the lower court as follows:

At the time of the instant case, the Defendant reported that C’s face is taken over, and entered C with the Defendant and C, and tried to see the Defendant.

그 때 피고인이 비키라고 하면서 머리채를 잡아당기고 주먹으로 배 옆구리 부분을 1회, 발로 뒤쪽 허벅지 부분을 수회 걷어찼다( 수사기록 149 ~ 150 쪽, 공판기록 56 ~ 58 쪽 참조). ② 피고인은 수사기관과 원심에서 이 사건 당시 피해자 F가 자신을 말리려 하자 피해자 F의 머리채를 잡아당긴 사실이 있다고

The statement was made (see, e.g., 23, 161 of investigation records, 31 of trial records). In that context, assault means the exercise of tangible force against a person’s body. As such, the Defendant constitutes assault solely by taking the head of the victim F’s hair.

③ Each statement of K (L) and M (on-site president) that the Defendant did not see the victim F at the time of the instant case is written in the recording book (Evidence No. 1) submitted by the Defendant at the trial of the party.

However, K and M appear to have been aware of the Defendant at ordinary times (see, e.g., 22, 160 pages of investigation records), and according to the above recording, K has a special account for “in the same time as in the Republic of Korea.”

우리가 팔이 안으로 굽잖아요.

In light of the fact that “the statement” has been made, K and M in the above recording note.