The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The court below found the Defendant guilty of the facts charged in this case even though the Defendant did not assault the victim's left side ridge on one occasion due to misunderstanding of facts. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (the penalty amount of KRW 500,000) is too unreasonable.

2. Determination

가. 사실 오인 주장에 대한 판단 원심이 적법하게 채택하여 조사한 증거들에 의해 알 수 있는 다음과 같은 사정, 즉 ① 피해자는 수사기관에서부터 원심 법정에 이르기까지 “ 피고인이 의자에서 일어나서 앉아 있는 자신을 향해 ‘ 그렇게 할 거면 그만둬 라’ 고 하면서 왼쪽 다리 복숭아 뼈 윗부분을 1회 발로 찼다” 는 취지로 일관되게 진술한 점( 증거기록 6 쪽, 공판기록 63, 65 쪽), ② 당시 피고인의 옆자리에 앉아 있었던

E In addition, the fact that the investigative agency has consistently stated to the effect that “the head of the victim’s right due to the outbreak of the defendant,” from the investigative agency to the court of the court below (Evidence No. 12 pages of evidence, trial record No. 98 pages of trial records), and (3) was sitting on the side of E at the time

D also, from an investigative agency to the court of the court below, the defendant saw that "the defendant gets off only the victim's birth" and thereby contact the part of the victim's appearance.

In light of the fact that “after the conclusion of a meeting,” the Defendant consistently stated to the effect that “after the end of the meeting,” the Defendant committed assault on the part of the victim’s left side ridge, as stated in the holding of the lower court,” etc. (Evidence Nos. 16, 17 pages, and trial records Nos. 70, 72 pages).

Therefore, the defendant's above assertion is without merit.

B. The conditions of sentencing do not change compared to the first instance court’s determination on the unfair argument of sentencing, and the first instance sentencing range is reasonable.