A. In the absence of a misunderstanding of facts, the Defendant merely made the victim a drinking, and inflicted an injury on the victim due to the illness, the lower court convicted the Defendant of the facts charged in the instant case. In so doing, the lower court erred by misapprehending the facts.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. The following circumstances, which are acknowledged by the lower court’s duly adopted and examined the evidence regarding the assertion of mistake of facts, i.e., the victim, consistently at the investigative agency and the lower court’s court, consistently, was at the time of the victim’s head head due to the injury

(2) At the same time, the statement

F The accused was the victim's head at the investigative agency immediately after the occurrence of the case.

(3) In light of the fact that the victim was teared at the time of the occurrence of the case, etc., the defendant can sufficiently recognize the fact that the victim was faced with the body of the victim when the head of the victim was faced with the illness as stated in the judgment of the court below. Thus, this part of the defendant's assertion is without merit.

B. It is recognized that the defendant's decision on the unfair argument of sentencing is that the injured party does not want the punishment of the defendant in agreement with the injured party, and that where the sentence of imprisonment is finalized after the sentence of the defendant, the punishment of the year and six months, the suspended suspended after the suspension of execution, will be additionally imposed.

However, it is not good that the crime of this case is committed, and the defendant committed again during the suspension period of execution for the same kind of crime even though he had the same criminal record, and the statutory penalty for the crime of special injury of this case is imprisonment with prison labor for not less than one year but not more than 10 years, and six months after the court below reduced the amount of punishment, and other punishment shown in the arguments of this case, such as the defendant's age, sex and behavior, environment, motive, means and consequence of the crime, circumstance after the crime, etc.