A. The Defendant, at the time of the instant case, spits or spits the victim with the victim, and did not assault the victim by spits or spits with his hand.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence of unfair sentencing (one year of imprisonment with prison labor for four months and one year of suspended execution) of the lower court is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, the fact that the Defendant abused the victim as stated in the facts constituting the crime in the lower judgment can be acknowledged.

The defendant's above assertion is without merit.

① The victim consistently states that “at the time of the instant case, the Defendant spits the victim’s face while taking the victim’s bath, and assaults the victim’s timber by hand.”

또한 피해자 폭행부위사진을 보면 피해자의 목에 빨갛게 되어 있는 부분이 보이고, 이에 대하여 약 2주간의 치료를 요하는 목 앞부분 찰과상에 해당한다는 상해진단서가 제출되었다.

② A witness F, who was at the site of this case, is also spiting in an investigative agency, and is also in accord with the statement of the victim, by preparing a statement that the defendant spits or spits the trees of the victim while taking a bath.

③ Since the witness G of the lower court considered only the situation after the situation between the Defendant and the victim occurred, G’s failure to witness the instant assault does not conflict with the statement of the victim and F.

B. The fact that the defendant did not agree with the victim on the argument of unfair sentencing, that the defendant denies the crime, and that the victim does not at all oppose the victim as the perpetrator.