The defendant's appeal is dismissed.

1. Summary of grounds for appeal by the defendant and his defense counsel

A. Although the Defendant did not assault the victim at all, the lower court found the Defendant guilty of the facts charged of the instant case based on the victim’s statement without credibility, thereby misunderstanding the facts and adversely affecting the conclusion of the judgment.

B. In light of the following: (a) the Defendant reflects the error of unfair sentencing; (b) the Defendant committed the instant crime by drinking alcohol and contingently; (c) the Defendant is aged and has no record of criminal punishment exceeding the suspended sentence; and (d) the degree of assault is relatively minor, the lower court’s sentence that sentenced six months of imprisonment is too unreasonable.

2. Determination

A. The victim’s statement on the assertion of mistake of facts is consistent with the contents of the victim’s statement from the investigative agency to the court of the court below, and in particular, it is natural to explain the situation where the defendant was placed at the bus stops to the extent that the defendant was able to drive a cab and assault him by driving the cab, and the process that the defendant was able to do so, and it is also consistent with the content of the part of the "Sero F sent to the scene upon receiving a report" among the "crime facts and reasons for arrest" in the letter of arrest of flagrant offender at the scene of the crime of this case, "Sero F sent to the scene after receiving a report, listened to the statement that the defendant was tight F sent to the scene by pushing the victim and destroying the victim over the floor (Article 9 of the trial record)."

In full view of the above statements by the court below and the evidence duly admitted and examined by the court below, the defendant can fully recognize the facts of assaulting the victim as decided by the court below.

Therefore, the judgment of the court below which found the Defendant guilty of the instant assault charges is just and there is no error as alleged in the grounds of appeal.

B. The instant crime of determining unreasonable sentencing is suspended by imprisonment with prison labor for four months for the Defendant’s assault.