가. 사실 오인 피고인은 피해자와 말다툼하던 중 흥분한 피고인의 손짓 때문에 실수로 주방 가스레인지 위에 있던 주전자의 손잡이를 건드려 주전자가 넘어지면서 주전자에 담겨 있던 뜨거운 물이 피해자에게 튐으로써 피해 자가 화상을 입게 된 것일 뿐 피고인이 주전자를 들고 피해자의 뒤를 따라가 피해자의 몸에 뜨거운 물을 부은 사실이 없음에도 원심은 이 사건 공소사실을 유죄로 인정하였으니, 원심판결에는 사실을 오인하여 판결에 영향을 미친 위법이 있다.

B. The punishment sentenced by the lower court (two years of imprisonment with prison labor for a year) is too unreasonable.

2. Determination

A. In the lower court’s argument as to the assertion of mistake of facts, the lower court rejected the assertion by the Defendant and his defense counsel under the title “the assertion and judgment of the Defendant and the defense counsel” in the judgment. In addition, by comparing the above judgment of the lower court with the records, the lower court’s examination was conducted in detail, and the following circumstances revealed by the evidence duly adopted and examined by the lower court, namely, up to the time of the lower court’s trial, ① the victim, when the Defendant is going on the side of the kitchen table, i.e., “if the victim is going on the side of the kitchen table of the kitchen, the victim was placed on the part of the kitchen table table, and the victim was put into the front of the victim, and the victim was fludle-male-male-male-male.

As the Defendant is not good, it is always able to see the lids of the main electronic system at all times because it is difficult for the Defendant to pay back the lids of the main electronic system.

In light of the main electronic body on which water was sold at the time, and the Defendant’s visual light towards the victim is hard, thereby causing damage to the Defendant.