The defendant's appeal is dismissed.

1. The court of first instance dismissed the prosecution of assault among the facts charged and found guilty of the remainder of the facts charged.

The dismissal of prosecution in the judgment of the court of first instance became final and conclusive as it is, since only the defendant appealed against the conviction in the judgment of the court of first instance.

Therefore, the scope of this court's judgment is limited to the conviction of the first instance court.

2. Determination on the grounds for appeal

(a) The sentence of the first instance judgment (four months of imprisonment) against the accused in the summary of the reasons for appeal is too unreasonable.

B. Each crime of the judgment of the court below is highly likely to be criticized in that the defendant committed each crime of the judgment of the court below following the conclusion of the judgment of the suspension of the execution of imprisonment with prison labor due to violent crime, since the defendant was injured by the occurrence of the victim who was in a state of vision with the victim by drinking alcohol, the victim's cell phone device was deducted from the victim who was trying to report this situation to the police, and the crime is not appropriate in light of the degree of assault, etc., and the defendant committed each crime of the judgment of the court below following

The court of first instance rendered a relatively minor sentence of imprisonment with prison labor for not more than four months by taking account of the circumstances favorable to the defendant, such as the fact that an agreement with the victim was reached by endeavoring to recover damage, even though the circumstances unfavorable to the defendant are obvious, it is difficult to view that the degree of injury suffered by the victim has reached a serious degree.

Defendant

In light of the following circumstances, it cannot be said that there is a need to reduce the sentence of the court of first instance, as alleged by the parties, taking into account whether there is a need to do so.

(In other words, it is difficult to deny that the sentence of the judgment of the court of first instance has an excessive minor aspect). The defendant's side asserts that the defendant has a mental illness, but based on the records.