The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. In order to prevent the victim H who was an accomplice of a joint assault, the Defendant, even though he was less than 10 times the victim’s breath, did not 2,3 times the victim’s breath.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. In full view of the following facts and circumstances acknowledged by the judgment of the court below and the evidence duly admitted and examined by the court below, the victim’s partial statement to the effect that the defendant took the victim’s face at least 2 and 3 times, is difficult to believe and there is no other evidence to acknowledge it.

(1) In the report of the occurrence of the police preparation in which the statement of the victim was made immediately after the occurrence of the incident (two-thirds of the investigation record) the statement of the victim concerning the developments of the assault is recorded as follows:

It is not revealed that the victim, as seen above, was faced with face in the first statement of the victim, “a person who was satisfe one while towing him/her bat, let him/her get off from his/her fat, and her fat on the floor, and caused him/her to get off his/her face, thereby getting out of his/her bat, etc.,” does not reveal any content that he/she was fatd from the Defendant.

② On the other hand, in the process of the police examination, the victim was 2 and 3 times the head from the defendant while he was seated in the chief of the police, unlike the above first statement.

As above, it is difficult to find out reasonable grounds to reverse the statement, and the victim has left head.

It seems that it would not be easy to price the left head in the presence of the chief of the investigation record (148 pages).

3. Since then, the victim is present as a witness at the trial of the political party, and he is present at the trial of the defense counsel when the first day of the trial of the defendant has come to the front line.