A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

A. On November 2, 2017, the Defendant used physical tangible force to the victim at the time and place indicated in the facts charged, but did not commit assault in the same manner as indicated in the facts charged. Nevertheless, the judgment of the court below which found the Defendant guilty of this part of the facts charged is erroneous in misunderstanding of facts. (2) The Defendant, on May 6, 2018, exercised physical tangible force to the victim at the time and place indicated in the facts charged, i.e., when the victim’s head was less than once, but there was no assault in the same way as indicated in the facts charged.

Nevertheless, the judgment of the court below that found this part of the facts charged guilty is erroneous in misconception of facts.

3) On June 7, 2018, the Defendant used physical tangible power to the victim at the time, time, and place indicated in the facts charged, but this was a physical contact with the victim inevitably committed to leave the victim under the circumstance that the victim did not leave the Defendant’s residence and did not have an assault in the same way as indicated in the facts charged, and the degree of injury the victim sustained is naturally cured, and thus does not constitute an injury of the crime of injury. Nevertheless, the judgment of the court below convicting the Defendant of this part of the facts charged is erroneous in the misunderstanding of facts. Furthermore, even if the Defendant was found guilty of unfair sentencing, the court below’s punishment (the imprisonment of eight months is too unreasonable and unjust.

2. Determination

A. The following circumstances, i.e., the date and time of entry of the facts charged by the Defendant from the investigative agency to the court below, which are acknowledged by the assault of November 2, 2017 and the evidence duly adopted and investigated by the court below.