A. Although the Defendant did not inflict an injury on the victim, the lower court found the Defendant guilty of the facts charged in this case. The lower court erred by misapprehending the facts.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. The following circumstances, which are acknowledged by comprehensively taking account of the evidence duly adopted and examined by the lower court and the first instance court as to the assertion of mistake of facts: ① The victim, from the investigative agency to the court of the lower court, was going out to the part of the victim’s face while finding the victim on the day of the instant case, and putting the victim’s face into the part of the victim’s face, and the victim was able to see the victim’s eye.

In light of the fact that the defendant, as stated in the judgment below, stated to the same purport in the investigation agency and the court of original instance, and the fact that the victim seems to have continued to visit the hospital on the day of the instant case and received an injection treatment, it can be sufficiently recognized that the defendant inflicted an injury on the victim as stated in the judgment of the court below. Thus, the above argument by the defendant is without merit.

B. It is recognized that the degree of injury suffered by the victim is not serious.

However, considering the Defendant’s age, sex and environment, motive, means and consequence of the instant crime, etc., even if there were several criminal records for the same kind of crime, the Defendant again committed the instant crime, and the Defendant did not agree with the victim up to the trial, and other conditions of sentencing as indicated in the instant pleadings, such as the Defendant’s age, sex and environment, motive, means and consequence of the instant crime, it is not recognized that the lower court’s punishment is too unreasonable, and thus, the Defendant’s above assertion

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