The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The defendant of mistake of facts recognized the fact that the victim C was used on the floor in the process of breathing and wrapping bridges with the victim C. However, as stated in the facts charged in this case, the defendant did not go beyond the victim C by hand or when the victim E or F was an employee. Thus, the judgment of the court below convicting the defendant of the facts charged in this case is erroneous.

The court below's sentence of unfair sentencing (five months of imprisonment) is unreasonable.

Judgment

According to the consistent statement of the victims' investigation agency about misunderstanding of facts, it can be recognized that the defendant assaulted the victim E and F and inflicted an injury on the victim C as stated in the facts of the crime in the judgment of the court below.

In regard to the assertion of unfair sentencing, damage caused by the instant crime is relatively minor, but not agreed with the victims, there exist several previous meetings including the Defendant who was sentenced to a suspended sentence in 196 and 2009, and the lower court appears to have determined the sentence by fully taking into account such circumstances. Considering the various circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the sentence of the lower court, etc., the sentence of the lower court cannot be deemed to be unfairly heavy, considering the following factors: (a) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (b) the sentencing conditions

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal. It is so decided as per Disposition.