The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of the facts charged in this case is erroneous in the misapprehension of legal principles, even though the defendant attempted to catch the her mother and child of the victim C, but the victim avoided it, and there was no assault against the victim's back water with the sole floor of her

B. Even if the conviction of an unreasonable sentencing is recognized, the sentence imposed by the court below on the defendant (the fine of KRW 700,000) is too unreasonable.

2. Determination

가. 사실오인 주장에 관한 판단 원심은, 원심이 적법하게 채택하여 조사한 증거들에 의하여 인정되는 사정들, 즉 ① 피고인은 원심에서 피해자의 모자를 잡아챈 사실이 있다고 진술한 점, ② 피해자와 목격자 D의 일관되고 공통된 진술에 비추어 각 증언의 신빙성이 인정되는 점 등을 근거로 피고인이 피해자를 폭행한 사실을 인정할 수 있다고 판단하였다.

If the above judgment of the court below is examined closely in light of the records of this case, it is just and acceptable to the judgment of the court below, and there is no error of misunderstanding of facts as pointed out by the defendant, and this part of the judgment of the court below is without merit.

B. Since the Criminal Procedure Act, which takes the trial-oriented principle and the direct principle on the argument of unfair sentencing, has an inherent area in the sentencing determination of the first instance court, it is reasonable to respect the determination of sentencing in cases where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data at the trial and the lower court’s failure to change the sentencing conditions. In full view of the various sentencing conditions revealed in the proceedings of the instant case, the lower court’s sentencing is too excessive and discretionary.