The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant case, misjudgmentation of facts, was small in time when the victim I was drinking, but did not cause injury to the victims due to rubber chain.

Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment, two years of suspended execution, community service, 240 hours, and 40 hours of order to attend a course) is too unreasonable.

2. Determination

A. On the assertion of mistake of facts, the victim I, after the occurrence of the instant case, identified the Defendant from the investigative agency to the court of the court below, and stated the Defendant’s act in a very concrete and detailed manner by stating that “In the course of physical fighting with which the Defendant was carrying on his body with A and Sivit, the Defendant exceeded the floor of his own (I) by rubber lick. After that, the Defendant was at the time of a rubber fighting with his body’s body going beyond his body, the head was added once by rubber lick. In that event, the Defendant was said to have become the Defendant.”

After the occurrence of the instant case, the victim J consistently identified the Defendant from the investigative agency to the original trial court, and consistently stated the Defendant’s act in a very concrete and detailed manner, “The Defendant saw the I’s neck as a left hand, and went to the I’s head. While she was aware of the Defendant, the Defendant was faced with the rubber chain.”

또한, K 역시 수사기관에서부터 원심 법정에 이르기까지 피고인을 명확하게 특정하면서, ‘피고인이 고무망치를 손에 쥔 채로 I의 배 위에 올라타고 있었고, I은 머리에 피를 흘리고 있었다. 그래서 자신이 피고인의 손목을 틀어쥐고 J가 고무망치를 빼앗았다. 그 직후 J의 머리가 부풀어 오른 것을 보았다’라고 하여 피고인의 당시 행동 및 상황에 관하여 구체적으로 진술을 하고 있고, 그 내용 또한...