The defendant's appeal is dismissed.

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. In light of the degree of assault against the victim, the degree of injury resulting therefrom, the present state of the victim, etc., the lower court sentenced the above punishment by taking into account the following favorable circumstances: (a) considering the defective nature of the crime of this case; (b) the failure to recover from damage or reach an agreement; (c) the Defendant’s mistake was recognized; (d) the act of the victim led to fighting; and (e) the Defendant stated that the part of the assault committed by the victim was not punishable.

In full view of the fact that there is no change in circumstances to change the sentencing of the lower court, other than the flexible and unsound circumstances taken into account by the lower court, and all other conditions of sentencing, including the Defendant’s age, character and conduct, environment, background leading to the commission of the offense, means and consequence, size of the offense, and circumstances after the commission of the offense, it cannot be deemed that the lower court’s judgment exceeding or maintaining the reasonable limit of discretion is unreasonable.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Therefore, the Defendant’s above assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.