The punishment sentenced by the court below (one million won) which is unfair in sentencing is too unreasonable.

Judgment

In light of the following circumstances known in light of the evidence adopted and examined by the lower court and the first instance court regarding the assertion of mistake of facts, the victim’s testimony has credibility.

Since the judgment of the court below that found the victim's statement, etc. as evidence of this case is justified.

Therefore, this part of the defendant's argument is without merit.

In addition to the investigation agency, the victim was present as a witness of the trial, and the victim testified in detail the damage that corresponds to the facts charged in this case and the situation before and after it.

The victim was committing the crime of this case.

On April 5, 2019, the Defendant received medical treatment at a hospital on April 1, 2019, where the Defendant had not been able to do so from April 1, 2019, and the victim appears to have stated to the effect that he/she was injured by assault on April 1, 2019 (which page 11 of the evidence record). The Defendant would pay KRW 50,000 per month of living expenses to the victim on June 8, 2019.

“ ........... the 18th page of the evidence records) is written.

In a case where there is no change in the conditions of sentencing compared to the first instance court’s determination on unfair claims for sentencing, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In addition, there is no new circumstance or special change in circumstances that may be reflected in sentencing after the pronouncement of the lower judgment, and the victim did not immediately file a divorce lawsuit with the Defendant.