The defendant's appeal is dismissed.

1. The lower court dismissed the public prosecution regarding the assault among the facts charged in the instant case, and convicted the remainder of the facts charged, respectively, and dismissed part of the public prosecution for which the prosecutor did not appeal as to only the Defendant appealed the part of the conviction, became final and conclusive upon the expiration of the appeal period. Therefore, in the first instance court, the lower court should be tried only for the guilty part among the judgment below.

2. The decision of the court below on the gist of the grounds for appeal (the imprisonment of eight months and the fine of one hundred thousand won) is too unreasonable.

3. There is no change in the terms and conditions of sentencing compared with the first instance court, and where the sentencing of the first instance 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). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s judgment because new materials on sentencing have not been submitted in the trial, and considering the factors revealed in the arguments in the instant case, the lower court’s sentencing was too excessive and exceeded the reasonable scope of discretion.

It does not appear.

Therefore, the defendant's assertion is without merit.

4. In conclusion, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition (Article 53, Article 55(1)3, and Article 55(1)6 of the Criminal Act on the ground that the term “Article 53, Article 55(1)3, and Article 55(1)3 of the Criminal Act” is a clerical error of “Article 53, and Article 55(1)3 of the Criminal Act on the ground that it is obvious that the Defendant’s appeal is a clerical error of “Article 53, and Article 25(1) of the Rules on the Criminal Procedure” (Article 25(1) of the Rules on the Punishment of Criminal Procedure)