A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

A. Although the Defendant did not inflict an injury on the victim, the judgment of the court below which found the Defendant guilty of the facts charged in this case is erroneous by misunderstanding the facts and adversely affecting the conclusion

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. 1) With respect to the assertion of mistake of facts, the degree of formation of a conviction in a criminal trial should be such a degree that there is no reasonable doubt. However, it is not required to exclude all possible doubts, and rejection of evidence acknowledged as having probative value is not allowed as exceeding the bounds of the principle of free evaluation of evidence. If the witness’s statement is consistent in the main part, it is not somewhat consistent with the witness’s statement concerning other minor matters. 2) The credibility of the witness’s statement is not readily denied (see, e.g., Supreme Court Decision 2008Do1212, Aug. 20, 2009). 2) The following circumstances acknowledged based on the above legal principles, comprehensively taking account of the evidence duly adopted and examined by the court below and the court of first instance, i.e., the victim’s statement or investigation record from the police to the court of first instance, and i.e., the victim’s statement or investigation record is relatively consistent with the victim’s statement that he or she had sustained from the victim’s body.