The defendant's appeal is dismissed.

Summary of Reasons for appeal

A. Although there was a fact that the Defendant, as stated in the judgment of the court below, has made an oral dispute because the victim is key, the Defendant did not use violence against the victim as stated in the judgment of the court below.

B. The sentence of the lower court against an unfair defendant in sentencing (six months of imprisonment, two years of probation, two years of probation, observation of protection, and eight hours of community service order) is too unreasonable.

2. Determination:

A. In full view of the following circumstances admitted by the lower court based on the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, the Defendant’s assertion by the Defendant is rejected, as it is sufficiently recognized that the Defendant inflicted injury upon the victim.

1) From the police to the court of the court below, the victim refers to the defendant's desire to attend the work in order to write the gate for his attendance on the day of the instant case, and the victim refers to the statement that the defendant will attend the work.

Then, the Defendant consistently stated to the effect that the Defendant committed assault against the victim, and that “F, a neighbor, observed this.”

2) From the police to the trial court, the Defendant did not have committed an act of assault against the victim and his/her birth, and rather, committed an act of assault against the victim and his/her birth.

주장하였으나, ① 피고인은 경찰에서 처음 조사 받을 때 ‘ 피해자가 욕을 해서 이를 따지니 자기 동생을 부르면서 피고인에게 둘이 다가왔고, 피고인을 때리려고 해서 삿대질을 하니 피해자가 삿대질 하는 왼팔을 잡아 멍이 들었으며 피해자가 자신의 손가락을 잡고 꺾었다’ 고 진술하였다가, 이후 고소장에는 ‘ 피해자와 피해자의 동생이 공동하여 위력을 과시하고, 피해자가 자신의 손가락을 잡아 젖히고 멱살을 잡았다’ 고 기재하였으며, 검찰에서는 ‘ 피해자가 욕설을 해서 삿대질을 했더니 피해 자가 피고인의 가슴팍을 손으로 밀쳤고, 피고인이 오른 손으로 삿대질을 하니까...