A. Since the Defendant did not have committed the part of the victim’s coin, the Defendant’s ductal of the victim’s ductal did not constitute the Defendant’s act.

In addition, it cannot be said that the defendant's act alone constitutes an element of a special injury only by pro-friendly act with the victim's arms with large tree brooms.

B. The sentence of the lower court’s unfair sentencing (eight months of imprisonment, two years of suspended execution, and two hundred hours of community service order) is too unreasonable.

2. Determination

A. The judgment of the court below as to the assertion of mistake of facts (1) alleged that the defendant did not constitute a defendant's act, but the court below acknowledged the fact that the defendant abusedd the victim by assaulting the victim, taking account of the victim C's statement, witness D, E's statement, two CCTV images, and the written diagnosis of injury.

We rejected this view.

살피건대, 원심 및 당 심이 적법하게 채택하여 조사한 증거들에 의하여 인정되는 다음과 같은 사정들, ① CCTV 영상에 의하면 피고인이 피해자를 향하여 주먹을 휘두르고 대나무 빗자루를 내리치는 장면이 확인되는 점, ② 피해자는 피고인이 대나무 빗자루를 휘두르는 과정에서 코 부위를 맞았는데 정신이 없어 주먹으로 맞은 것인지 대나무 빗자루로 맞은 것인지는 정확히 알지 못하지만, 폭행행위가 종료된 후 코 부위 통증을 느꼈다는 취지로 진술한 점, ③ 목 격자 E, D는 이 사건 직후 피해자의 코 부위가 눌리거나 까맣게 된 것을 보았다고

In full view of the following facts: (a) the victim’s inner diameter fell from the floor at the time; (b) the victim complained of the victim’s pains by being hospitalized in H hospital immediately after the instant case; (c) the victim was diagnosed by the pelvis on January 30, 2017; and (d) undergone surgery for treatment of the pelvise on February 7, 2017, etc., the victim was injured during the course of assaulting the victim, as described in the facts charged.