The judgment below

Part of the costs of lawsuit, excluding the share of the costs of lawsuit, shall be reversed.

The defendant shall be sentenced to six months of imprisonment.

1. Summary of grounds for appeal;

A. Defendant 1) In fact, Defendant 1 merely caused the part of the victim’s shoulder to be sealed once, but did not fast the part of the victim’s shoulder, and there is no time when the victim’s bucks.

2) Legal reasoning is that the Defendant’s act of assaulting the victim was committed in the course of making the victim not to have the cellular phone deducted from the victim, and constitutes a justifiable act that does not contravene social norms.

3) The sentence sentenced by the lower court (6 months of imprisonment and 3 years of suspended sentence) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below regarding the defendant's assertion of mistake of facts and the testimony of H of the witness of the trial court, the defendant can sufficiently recognize the fact that the defendant committed assault by keeping the victim's neck and blicking him at once as stated in the judgment of the court below. Thus, the defendant's assertion of mistake of the above facts is without merit.

B. The injured party of the Defendant’s assertion of misunderstanding the legal doctrine was trying to cut off the Defendant’s mobile phone.

(2) If there is a lack of evidence to prove that there was such

In order to prevent this, it cannot be deemed that the act of assaulting the victim's part of the boom and booming the victim's boom is a legitimate act that does not violate social norms. Therefore, the defendant's assertion of misunderstanding the above legal principles is without merit.

(c)

Defendant

In addition, it is recognized that the defendant can have the history of punishment for the same kind of crime, and that the defendant did not receive a letter of suspicion from the injured party.

However, considering the fact that the degree of assault against the victim of the defendant is not limited, that the defendant seems to have caused the crime of this case by contingency, and that all the sentencing conditions in the arguments of this case, such as the defendant's age, sexual conduct, family environment, etc., the punishment imposed by the court below is too unreasonable.