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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles can not be said to have committed a crime of assault against the victim only when the head of the defendant was sealed to the victim, not assault the victim, with the intention of assaulting the victim.
B. The degree of damage from unfair sentencing is minor, and the defendant's obligation to support his child by negligence, and considering the defendant's health condition, the court below's punishment (the fine of 300,000 won) is too heavy.
2. Determination
A. Comprehensively taking account of the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the defendant can be found to have received the chest of the above victim from the defendant's head during the time of vision with the victim D as stated in the judgment of the court below. Such defendant's act is a defensive act at the same time, and the defendant's intent to commit an attack is also recognized.
Therefore, the defendant's assertion of mistake is without merit.
B. The Defendant’s judgment on the assertion of unfair sentencing seems to have peeped the circumstances leading to the instant case in a contingent manner while disregarding with the victim, and the degree and degree of the assault appears to be somewhat minor.
Meanwhile, in full view of the following circumstances: (a) the Defendant has the same criminal power in multiple instances; (b) the Defendant did not reach an agreement with the victim up to the trial; and (c) the lower court appears to have sentenced to a reduced sentence than that of a summary order (a fine of KRW 700,000) taking into account the above favorable circumstances as seen above; (d) there are no extenuating circumstances or changes in circumstances that may be newly considered in the sentencing after the sentence of the lower judgment; and (e) other various circumstances that form the conditions for sentencing as indicated in the records, such as the Defendant’s age, character, character, environment, occupation
Therefore, the defendant's assertion of unfair sentencing is without merit.
3. If so, the defendant's appeal is reasonable.