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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
Reasons
1. Summary of grounds for appeal;
가. 사실오인 피고인이 피해자의 머리채를 잡아당기고 손톱으로 얼굴을 할퀸 사실은 있으나, 좌측 안와골 내측벽 선상 골절상을 가한 적은 없음에도 불구하고 이 사건 공소사실을 유죄로 인정한 원심판결에는 사실을 오인하여 판결에 영향을 미친 위법이 있다.
B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, i.e., ① the photograph taken by the victim immediately after the crime of this case shows the victim’s left eye and bucks, and his hair is extracted from the victim’s body to the extent that the defendant might have been suffering from violence; ② the defendant led to the crime of this case at the court below; ③ there is no circumstance to deem that there is a false intervention in the written diagnosis submitted by the victim; ③ there is no circumstance to see that there is a false intervention in the victim’s hair, the defendant can be sufficiently recognized that the charge of this case is sufficient to acknowledge that the defendant committed the crime of this case, i.e., the victim’s hair, with the face of about four weeks of the victim’s head, and the upper part of the structural part of the structural part of the body of the victim, which requires treatment for about four weeks, as pointed out by the defendant in the judgment of the court below.
Therefore, this part of the defendant's argument is without merit.
B. Although there was no yet recovery of damage on the assertion of unfair sentencing, and the victim who was diagnosed of stress disorder due to the instant crime wanted to be punished against the Defendant, and the Defendant was sentenced to a suspended sentence of one year for a crime of causing a special obstruction of public duty on June 25, 2009, and was sentenced to a suspended sentence of two years for a year. However, the Defendant was the two-year dynamic disorder after the instant crime.