The sentence of sentence against the defendant shall be suspended.

가. 사실오인 1) 피고인은 이 사건 당시 피해자가 레이업슛을 시도하기에 득점을 저지하려고 피해자를 밀친 것일 뿐 피해자에게 상해를 가할 고의는 없었다. 2) 피해자에게는 기왕증 등 제3자가 외부에서 쉽게 알아차릴 수 없는 체질적 요인이 있었고, 진단서 발급시점도 부상시점과 차이가 나므로 피해자가 입은 부상이 피고인의 행위로 인한 것이라고 단정할 수 없다.

B. In light of the legal principles, the risk of injury is inherent in the game accompanied by physical contact, such as the deaf-gu, and the participants are also expected and are engaged in the game with certain degree of risk.

Therefore, the illegality of the defendant's act is excluded because the defendant's act is socially reasonable or the victim's consent is obtained for infringement of legal interests.

C. The sentence of the lower court’s unreasonable sentencing (one million won of fine) is too heavy.

2. Determination

A. 1) In regard to the assertion of mistake of facts, the willful negligence as a subjective element of the constituent elements of a crime refers to the case where the possibility of occurrence of the crime is uncertain and it is acceptable. In order to have dolusent intention, not only the perception of the possibility of occurrence of the crime but also the intent to deliberate to allow the risk of occurrence of the crime. Whether the actor has permitted the possibility of occurrence of the crime should be determined based on the specific circumstances, such as the form of the act and the situation of the act performed outside, rather than depending on the statement of the offender, the possibility of occurrence of the crime should be confirmed from the standpoint of the offender. (2) In full view of the following facts acknowledged by the evidence duly adopted and investigated by the court below and the trial court, the defendant at the time of the instant case shall be confirmed from the perspective of the offender.