A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the period of two years from the date this judgment becomes final and conclusive.

was written.

The reason for sentencing the second page of the judgment of the court below is that “the defendant assaultss the victim’s face by drinking” in the part of the “determination of sentence” is indicated.

However, the facts charged by the court below are not included in the facts of assaulting the victim's face by drinking. Thus, the court below erred in the facts.

It is difficult to see it.

However, there is little room to regard it as a condition for aggravated sentencing even though it has not been proved by evidence with probative value to the extent that it excludes reasonable doubts with respect to the circumstances that fall under the facts for which the prosecution has not been instituted.

However, as seen later, as long as the sentencing is reversed on the grounds of unfair sentencing, it shall not be reversed for this reason.

1) The Defendant, by misapprehending the legal principles, cannot be found to have committed an intentional injury on the part of the Defendant, on the ground that he did not know the victim’s face by drinking.

Therefore, the lower court erred by misapprehending the legal doctrine, thereby rendering a judgment of conviction against an injury to the Defendant.

2) The sentence of the lower court’s unfair sentencing (two years of suspended sentence for six months of imprisonment, two years of suspended sentence, and forty hours of community service) is too unreasonable.

2. 법리 오해 주장에 대한 판단 원심에서 적법하게 채택하여 조사한 증거들을 종합하여 인정되는 다음과 같은 사정들, 즉 ① 피고인은 원심에서 본인이 손으로 피해자의 멱살을 잡아 흔들고, 피해자의 목덜미를 잡아 길바닥에 넘어뜨렸으며, 피해자의 복부를 3회 걷어찼다는 이 사건 공소사실을 인정한 점, ② 피해자는 이 사건 발생 당일 병원에서 우측 눈썹 부위 열상에 대한 상해 진단서를 발급 받았고, 해당 부위에 대한 봉합 술을 받은 점 등을 고려 하면,...