(a) There is no fact of assaulting the victim, such as placing the victim a stick, carrying the victim's timber, etc.;

B. The sentence of the lower court (one year of suspended sentence, three years of probation observation, and two hundred hours of community service order) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the court below can sufficiently recognize the facts that the defendant abusedd the victim by displaying the victim's face with stick, which is a dangerous object, and taking the victim's neck, etc. (the defendant has committed assault against the victim in the same manner as stated in the facts charged).

The Defendant’s assertion of mistake is without merit.

B. The fact that the Defendant’s use of the victim’s assault did not amount to the degree of the assault that the Defendant used on the judgment of unfair sentencing is favorable to the Defendant.

However, considering the fact that the Defendant had been punished several times for the same violent crime, including suspended execution, due to the fact that it did not reach an agreement with the victim, and other various circumstances, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s sentence cannot be deemed to be unfair because it is too unreasonable.

There is no reason to believe that the sentencing of the defendant is unfair.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.