The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. As to the facts charged in this case’s assertion of mistake of facts and misapprehension of legal principles, the Defendant did not have inflicted bodily injury on the victim who flapsing and breathing flaps, but did not assault or plunder the victim. Thus, the judgment below convicting the Defendant of this part of the facts charged is erroneous by misapprehending the facts or by misapprehending the legal principles, which

B. The sentence of the lower court (two years of suspended execution and one hundred and sixty hours of community service in October) against the Defendant claiming unfair sentencing is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the court below as to the assertion of mistake of facts and misapprehension of legal principles are met by the evidence duly adopted and investigated by the court below. ① The victim stated at an investigative agency that the defendant was faced with the wall that the defendant was faced with the wind that the defendant was faced with the right fright by drinking by hand, ② The witness D was in an investigative agency and a court of trial, and the defendant was about to be frightd with the defendant, and the defendant was frightd with the victim's hand, and the victim was frightd with the wall that the victim was faced with the victim's statement. ③ The victim, the main owner of the police station and the victim stated that the defendant was frightd with the wall that the victim was frightd with the victim's right frightd with the victim's statement, ③ The victim's statement that the victim was frightd with the victim's first-hand frightd with the victim's statement and the victim's first-hand frightd with the victim's statement.