A. The Defendant, as stated in the instant facts charged, did not assault the victim by taking the victim’s face with his head and pushing the arms, etc.

B. At the time of committing the instant crime, the Defendant was in a state of mental and physical weakness due to old age, liverness, etc.

(c)

Sentencing is unfair because it is too unreasonable to impose punishment (700,000 won) by the lower court.

2. Determination

A. The lower court found the Defendant guilty of the instant facts charged, by taking account of the evidence in its judgment, that the Defendant abused the victim.

Examining the judgment of the court below in light of the records of this case, the judgment of the court below is just and acceptable.

This part of the defendant's assertion is without merit.

B. At the time of considering the following: (a) the Defendant’s ability to discern things or make decisions by taking into account the process and content of the instant crime, the overall circumstances before and after the instant crime, which is acknowledged by the Defendant’s evidence of mental and physical weakness

shall not be determined.

This part of the defendant's assertion is not accepted.

(c)

Although the defendant has no record of being subject to punishment in the past, the court of the court of the original instance, considering the degree of violence exercised by the defendant, the background of the assault in this case, and the circumstances favorable to the defendant, sentenced to reduction of fines in excess of the summary order. In light of the fact that there is no change in the sentencing conditions in the past and all other sentencing conditions such as the defendant's age, sexual behavior and family relation, the sentence of the court of the court below against the defendant is deemed appropriate.

This part of the defendant's assertion is without merit.

3. 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.