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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant did not unilaterally assault the victim in a dispute with the victim, but first led the victim to breath, thereby leading the Defendant to commit an assault.
B. The lower court’s sentencing (eight months of imprisonment) is too unreasonable.
2. Determination
A. As to the victim’s argument of assault, the fact that the defendant, while making a judgment as to the victim’s assault claim, has been sexually in a dispute with female-friendly women, became a vision with the victim who was next to him/her and inflicted an injury in light of the victim’s face is recognized, and there are other evidence, the facts charged is recognized.
The defendant asserts the assault of the victim due to the crime that did not appear in the facts charged, and it is not different from the defendant's and the victim's assertion about whether the victim had flapsed first or not.
Nevertheless, it is added to the facts of the crime by recognizing the victim's assault as the defendant's argument.
it is difficult to reflect such factors in sentencing.
This part of the defendant's assertion is without merit.
B. The lower court’s sentencing cannot be deemed unfair even if comprehensively considering the same kind of force on the assertion of unfair sentencing, the risk of an act of priceing face by a major soldier, the injury inflicted by it, the victim’s attitude and degree, etc., and the same force for not more than ten years is only once a fine is imposed, and the Defendant’s age, character and behavior, environment, etc. in favorable circumstances, such as the Defendant’s health condition, etc., are comprehensively taken into account.
The defendant's assertion of unfair sentencing is without merit.
3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.