A. The defendant did not assault the victim.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court’s duly admitted and investigated evidence, namely, (a) the victim stated in the court of the lower court that he was subject to assault as stated in the facts charged in this case; (b) D stated in the court of the lower court that the Defendant had made a 112 report by reporting the victim’s face at the victim’s face by drinking; (c) this corresponds to the victim’s above statement; and (d) the victim’s photograph taken at the time is considerably unfasible to the victim’s left side.

Therefore, the defendant's assertion of mistake and misapprehension of legal principles is without merit.

B. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle on the assertion of unfair sentencing, ought to respect the determination of sentencing in a case where there exists a unique area of the first instance court concerning the determination of sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and the first instance court’s sentencing

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and comprehensively taking account of all the circumstances that form the conditions for sentencing as indicated in the records and pleadings in this case, the lower court’s sentencing is too unreasonable and thus, cannot be deemed to have exceeded the reasonable scope of discretion.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. As such, the Defendant’s appeal is dismissed on the ground that it is without merit.