A. In relation to the special injury to the victim C by mistake of facts, the court below which acquitted the defendant of this part, although it could be recognized that the defendant inflicted an injury on the victim with a dangerous article like the facts charged, is erroneous in the misunderstanding of facts.

B. The sentence of the lower court’s improper sentencing is too uneasible and unreasonable.

2. In light of the following circumstances acknowledged by the lower court based on the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the evidence submitted by the prosecutor alone is insufficient to acknowledge the fact that the Defendant inflicted an injury on the victim as stated in the facts charged, and there is no other evidence to acknowledge it. Therefore, the lower court’s judgment that acquitted the Defendant of this part of the facts

① Of the statement protocol against the victim, the part that seems fit for this part of the facts charged is that the victim’s statement made by M as the side of the victim at the time of the investigation is made by stating as if the victim stated his/her experience. Therefore, there is no credibility.

② 피해자는 원심 법정에서, 당시 술에 많이 취하여 피고인이 다른 사람들과 싸우는 장면은 기억이 나지 않고, 피해자가 바닥에 앉아서 눈을 떴을 때부터 기억이 난다는 취지로 진술하였다.

(3) At the time the victim was a victim.

M In the court of the court below, it is consistent with the fact that the defendant was faced with the J, etc. and scattered on the floor in the process of being pushed by the defendant. However, it does not mean that the defendant was faced with a shoulder so as to be frighted by the victim and the victim's hand, etc., but later, when the victim was seated with his hand, M merely showed that he was faced with the victim's hand when he was frighted, and since there was a fighting as above at the time, the victim's wife was flicked with the victim's body.