A. The Defendant alleged that he was guilty of the flat of C, and did not assault C’s chest as stated in the facts charged in this case.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. In light of the fact that an unfair argument C for sentencing was occurred at the expense of the Defendant, and the Defendant suffered from the injury of two weeks prior to the instant case, C was punished as a fine of KRW 500,000,000, and the economic situation is not good, the sentence (700,000,000,000 won) imposed by the lower court is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, namely, C, one of the Defendant and Si expenses.

진술한 점, J은 피고인이 퍽 하고 치듯이 멱살을 잡았다고

In full view of the fact that the Defendant stated in C and C are assaulting, the Defendant may fully recognize the facts constituting the crime of the judgment below.

The defendant's assertion of facts is without merit.

B. There are no special circumstances or changes in circumstances that may be newly considered after the decision of the court below on the unfair argument of sentencing.

In addition, in full view of the records and arguments of this case, including the fact that he was the defendant, the sentence of the court below is too unreasonable, considering the physical behavior of this case including the age, sex, environment, and motive of the crime, it is not determined that the sentence of the court below is too unreasonable.

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.