While the defendant and the victim of mistake of facts have been involved in a religious problem, the defendant's birth and the legitimacy of the victim are faced with with the danger of the victim, and the victim suffered the injury, and the defendant's intentionally does not agree with the discipline of the victim.

The court below's sentence of unfair sentencing (six months of imprisonment) is too unreasonable.

Judgment

사실오인 주장에 대한 판단 피고인은 원심에서도 동일한 취지의 주장을 하였고, 원심은, ① 피해자는 수사기관에서부터 원심 법정에 이르기까지 일관하여 ‘피고인이 당시 돌아서서 돌아가는 피해자의 뒤에서 피해자의 정강이 부분을 발로 찼다’고 진술하고 있는 점, ② 피고인이 피해자의 목을 잡고 발을 걸어 넘어뜨렸다

In full view of the following facts: (a) the fact that the attending part of the victim’s lecture was friendly due to the appearance of the defendant or the fact that the victim’s emotional part was friendly, (b) the defendant voluntarily states his statement; (c) there are no circumstances to suspect the credibility of the victim’s medical certificate issued; and (c) the part and degree of the injury as stated therein correspond to the cause and circumstance of the injury alleged by the victim; and (b) the defendant sufficiently recognized that there was a perception and intent that the defendant, as stated in the facts charged in this case, caused the injury requiring about about 14 weeks medical treatment to the victim, and that there was an perception and intent that the defendant would harm the physiological function of the victim at the time,

Examining the judgment of the court below closely with the records of this case, the above judgment of the court below is justified, and this part of the defendant's assertion is without merit.

It is favorable that the defendant does not have any particular criminal record on the argument of unfair sentencing.

However, the victim's injury is serious, but it is not restored to this court.