A. The defendant of mistake of facts is only the fact that he was assaulted by the victim, and there is no fact that he inflicted an injury by carrying dangerous articles with the victim as stated in the facts charged.

Nevertheless, the court below found the defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds that the sentence of unfair sentencing (two months of imprisonment, two years of suspended sentence, two years of probation, community service, 80 hours of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances, which are acknowledged by comprehensively taking account of the evidence duly adopted and examined at the court below as to the assertion of mistake of facts, i.e., ① the victim presented at the investigative agency and the court of the court below that “I am dead” as stated in the facts charged, “I am dead” with the desire to do so, and thereafter, I am out of the body of the defendant. After that, the defendant's wife went back from the defendant, I am away from the above DNA again, and the victim went back to the point where I am hot or there is a person causing damage.” The above statement was specifically and alternatively consistent. ② The witness witness at the time of the case, “I am present about the fact that the defendant and the victim was dead,” and reported to the victim at the same time under the control of the defendant and the victim, and reported to the victim at the same time, and the victim was no more than the victim's statement to the effect that I am present at the time when I am asked the victim and the victim to change the victim.”