A. misunderstanding of facts and misunderstanding of legal principles (influence part) have been found to be when and at the time and place of the Defendant’s ruling, when and at the same time and place, the Defendant’s act should be applied to the crime of assault, not to the crime of injury, since the Defendant had left to the right eye of the victim C from the time before the victim C was placed.

However, since the victim C expressed his/her intention not to punish the defendant, the prosecution against this part of the facts charged should be dismissed, the judgment of the court below which convicted him/her of this part of the facts charged is erroneous in the misapprehension of legal principles and mistake

B. The Defendant was in a state of mental disability under the influence of alcohol at the time of committing the instant crime.

C. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

2. Judgment on the mistake of facts and misapprehension of legal principles by the defendant

A. The Defendant denied this part of the facts charged by asserting to the effect that “the Defendant had been showing the right eye of the victim C before the victim C was flick.”

B. However, C made a statement at the investigative agency to the effect that “the Defendant was able to know one time his right side by drinking.” This victim’s statement is not only a relatively clear and detailed description of the content in a consistent and detailed manner, but also a matter that is difficult to understand without direct experience.

① In addition to the circumstances, such as the fact that the Defendant recognized this part of the facts charged on the fifth trial of the lower court, and that the Defendant, who did not want to punish the Defendant, appears to have no reason to make a false statement unfavorable to the Defendant, it is recognized that the Defendant inflicted an injury on the victim C by means of its reasoning.

Therefore, we accept the defendant's assertion of mistake and misapprehension of legal principles.