A. Although there was no fact that the Defendant, as stated in the facts charged, inflicted an injury on the victim as a dangerous article or cup, the lower court accepted the facts charged in this case and convicted the Defendant, which is erroneous in the judgment of the lower court, and thereby affected the conclusion of the judgment.

B. The sentence imposed by the lower court (one year and six months of imprisonment, and two years of suspended execution) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the court below's decision of mistake of facts and evidence duly adopted and examined by the court below and the trial court. ① The victim stated that the defendant was at the time of her back part by the cup, while the defendant and the victim were working in the field of this case. G workers at the time of this case also stated that the defendant and the victim was shouldered with the victim's back by the World Cup (the investigation record 7,10,54 pages), ② the defendant also stated that the victim was at the time when the defendant was able to turn back with the victim by the investigation agency, and stated that the victim was at the same time as the victim was injured, and the changed charges of this case were all recognized by the court below (the investigation record 61 pages, the trial record 14 pages), ③ according to the CCTV image at the time of this case, when the defendant was at the right time of the victim's losses, it appears that the victim was at the time of 5th of the investigation record (the victim's second of the investigation record).