A. The Defendant misunderstanding of fact (in relation to a special injury) caused the victim to drink alcohol with the victim by hand.

At this time, the small-scale illness on the table was destroyed by the floor, and in the process, the victim's grandchildren, etc. are different, and the defendant does not put the victim's grandchildren on the road.

The victim made a consistent statement as to whether he was forced by the defendant at the place of the crime of this case, whether he was assisted by the defendant, and whether he was willing to help the surrounding persons after being punished by the crime of this case, and the contents of the statement are contrary to other objective evidence.

In addition, the victim did not request the assistance of the neighbors immediately after the crime of this case, and thereafter, the defendant gets on and moved a taxi along with the defendant.

In full view of these circumstances, there is no credibility of the victim's statement that the defendant has knife the victim's grandchildren.

The lower court erred by misapprehending the facts.

B. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts, the victim’s statement is credibility. Therefore, it can be sufficiently recognized that the Defendant suffered an injury to the victim with excessive loss, etc.

The judgment of the court below is just and there is no error in the misapprehension of legal principles.

1) The victim takes the knife of the Defendant’s knife

have reached knife two times by the victim.

was stated.

The statements of the victim in this part are consistent with the investigative agency, and the contents are also concrete.

Although the victim has neglected the circumstances before and after the crime of this case or made a statement favorable to himself, it is sufficient to deny the credibility of the above consistent and specific statement of damage.