A. The Defendant did not have any assaulted the victim when misunderstanding the facts.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Determination

A. The victim’s statement on the background of the occurrence of the instant crime and the degree of damage therefrom is consistent, specific, and reasonable from the investigative agency to the court below’s decision, and thus, credibility is recognized.

The victim's photographs taken on the day of the crime of this case shall also support the facts charged of this case, such as confirmation that both sides of face are red.

In full view of the evidence duly examined and adopted by the court below, such as the above evidence, the fact that the defendant committed assault to both sides of the victim's face while taking the victim's bath can be fully recognized.

B. The Defendant appears to have reached the instant crime under the influence of alcohol to determine the unfair argument of sentencing, and the Defendant is aged.

It is recognized that the health is not good.

However, despite the majority of the criminal punishment, the defendant committed the crime of this case at the same time, and has not been able to receive until the trial of the case, and has not been able to make efforts to recover damage.

In addition, in full view of the defendant's age, sex, family environment, motive and background of the crime, the means and consequence of the crime, the situation before and after the crime, etc., it is not recognized that the sentence imposed by the court below is too unreasonable.

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. It is so decided as per Disposition.