상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. According to misunderstanding of facts and misunderstanding of legal principles, a woman was assaulted by a male, so this is consistent with the statement of the defendant that the victim had exercised the force of force first to the defendant, and there is no credibility of the victim's statement, and the date and cause of injury in the victim's face are merely based on the victim's statement, and the photograph taken immediately after the instant case, it is difficult to view that the victim suffered the same damage as the content of the above written diagnosis of injury. Thus, it is difficult to view that the facts charged in the instant case that the defendant inflicted injury on the victim
B. The sentence imposed by the lower court (six months of imprisonment, two years of suspended execution, two years of social service, 80 hours of imprisonment) is too unreasonable.
2. Determination
A. The judgment of the court below as to the assertion of mistake of facts and misapprehension of legal principles is based on the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the case list of 112 reported cases containing the case number of 1481, a number of 112 reported cases in each of the 112 reported cases concerning the crime of this case, ② the case list of 1458, a number of 112 reported cases in the above 112 report case processing table stating that "the female is assaulted by the male." However, the witness I reported the above contents stated that "the defendant physically assaulted the victim and taken the video image with his handphone," rather than the police dispatched to the scene after the scene, ③ according to the cell phone image taken by the witness I, the defendant is sealed by the victim, or divided into the victim's head, and ④ the victim's statement in this case into the investigation agency at the time of the crime of this case, and ⑤ the victim's statement in this case is specific and clear.