The defendant's appeal is dismissed.

Summary of Grounds for Appeal

While misunderstanding of facts with the victim of a misunderstanding of facts, the victim was merely flicking the clothes of the defendant, and there was no intention to inflict an injury on the defendant.

In addition, the statements of victims, witnesses E and F are different from the main parts, and they are not reliable.

The sentence of the lower court on unreasonable sentencing is too unreasonable and unfair.

The grounds for appeal in this part shall be determined ex officio after the lapse of the period for appeal, although they cannot serve as legitimate grounds for appeal.

Judgment

The judgment of the court below on the assertion of mistake of facts is recognized as follows based on the evidence duly adopted and investigated by the court below, i.e., (i) the victim made a consistent and specific statement from the investigative agency to the court of the court below as to the background leading up to the defendant's assault, the situation at the time of assault, the method of assault, and the part of the injury, etc. (ii) the witness E's statement is different from the victim's statement as to the frequency and method of assault, etc., but even according to the witness's statement, even if the defendant's statement was made, it is recognized that the victim was faced with the victim's wall and the victim was seated with the wall, and (iii) the fact that the victim was forced to go to the above hospital on July 11, 2018 after five days from the date of the occurrence of the instant case, and received hospital treatment thereafter, it is sufficiently admitted to the facts charged in the instant case.

Therefore, the defendant's assertion of mistake is without merit.

The Defendant’s judgment on the assertion of unfair sentencing is recognized as having no record of criminal punishment prior to the instant case, but there is no change in circumstances that may be newly considered in the sentencing in the trial. In full view of the Defendant’s age, character and conduct, environment, career, background, means and consequence of the instant crime, and all of the sentencing conditions in the instant case, including the circumstances before and after the instant crime.