상해
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. There is no fact that the Defendant has inflicted an injury as stated in the first instance court.
B. The sentencing of the first instance court of unfair sentencing (six months of imprisonment and two years of suspended sentence) is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the first instance court as to the assertion of mistake of facts, the fact that the Defendant gets off the left-hand part of the victim, and caused the victim to face the shoulder part on the wall several occasions as stated in the judgment of the first instance court, thereby causing the victim to face with the shoulder part of the victim, which requires seven weeks of medical treatment, can be acknowledged.
Therefore, there is no error of misconception of facts in the first instance court that made the above decision, and the defendant's assertion on it is without merit.
B. In full view of various circumstances, including the circumstances leading up to the instant crime committed by the Defendant against the allegation of unfair sentencing, the fact that the Defendant neglected to recover the victim’s damage, etc., and the fact that the Defendant does not seem to have self-feasible to the Defendant, and other circumstances that form the conditions for sentencing as indicated in the records, such as the Defendant’s age, character and conduct, environment, and family relationship, the sentencing of the first instance court against the Defendant is too unreasonable. Therefore, the Defendant’
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.