A. In light of the overall circumstances of the case by the Defendant, the sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

B. Prosecutor 1) misunderstanding of facts and misunderstanding of legal principles are consistent and consistent with the part that there was an assault by the victim’s statement, and the defendant also recognized that the body of the victim was caused by his own act at the time of the police investigation. Thus, the judgment of the court below which acquitted the defendant even though the establishment of the crime of injury was sufficiently proven, there was an error of misunderstanding of facts or misunderstanding of legal principles in light of the overall circumstances of the case of unfair sentencing. 2) In light of the overall circumstances of this case, the sentence imposed by the court

2. Determination

A. Examining the reasoning of the judgment of the court below as to the prosecutor's assertion of mistake of facts and misapprehension of legal principles in comparison with the records, the court below is justified in finding the defendant not guilty on the ground that this part of the facts charged constitutes a case where there is no proof of a crime, and it does not seem that there is an error of law by mistake of facts or misunderstanding of legal principles as alleged by the prosecutor.

B. We examine both the prosecutor and the defendant's argument on unfair sentencing.

In full view of the fact that the defendant has been punished several times for driving without a license, and that the defendant again committed a second offense even during the period of suspension of execution due to criminal facts, including driving without a license, and that it seems that he operated large-sized vehicles and habitually repeats driving without license, simpleless driving, the previous suspension of execution of the defendant is revoked, and all of the sentencing conditions, including the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the court below sentenced the defendant.