The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

(a) The defendant has not inflicted any bodily injury on the victim;

B. The sentence of the lower court (six years of imprisonment) is too heavy.

2. Determination

A. 1) The lower court acknowledged that the Defendant was injured by the victim based on the evidence adopted.

The decision was determined.

2) In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court’s determination is justifiable and acceptable, and there was an error by misapprehending the facts, which affected the conclusion of the judgment.

subsection (b) of this section.

① The Defendant, at the police station, the prosecution, and the lower court, specifically stated the motive, method, and circumstance at the time of the crime that the Defendant inflicted an injury on the victim, and such statements are consistent without contradiction, and thus, may be deemed to have high credibility.

On the other hand, the Defendant asserts that there was no fact of causing bodily injury to the victim by reversing the above statement after having been sentenced to punishment in the court below. However, as above, the Defendant did not provide reasonable explanation as to the background leading up to recognizing the crime in the court below, etc. and the motive leading up to the reversal of the statement in the court below. Therefore, it is difficult to believe the statement reversed at the court below.

② Defendant’s statement at the lower court is consistent with D or H’s police statement, autopsy appraisal report, field photograph, etc. without contradiction.

In addition, the victim's statement that corresponds to the facts charged was made at the scene of the case (the investigation record 132 pages 132, 135 pages). The victim's criminal R is 5 years old at the time when the victim's statement was made. However, in light of objective circumstances, the credibility of the victim's statement is recognized (see Supreme Court Decision 2005Do9561, Apr. 14, 2006). (b) Determination of unfair sentencing on the grounds of statutory penalty is a discretionary judgment made within a reasonable and appropriate scope, taking into account the factors constituting the conditions of sentencing under Article 51 of the Criminal Act, based on statutory penalty.