A defendant shall be punished by imprisonment for one year.

A. In relation to the injury as stated in paragraph (1) of the judgment of the court below, the defendant did not inflict an injury by taking or taking care of the victim E as stated in the judgment of the court below.

In addition, in the course of the vagabonds with one victim E, the victim E was engaged in the defense of the defendant by committing an attack, such as the victim E’s booming the defendant first, and therefore the above act by the defendant constitutes a legitimate defense.

B. The sentence of the lower court’s improper sentencing (one year and three months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the lower court’s judgment as to the assertion of misunderstanding of facts or misapprehension of the legal doctrine, the Defendant may sufficiently recognize the fact that the Defendant inflicted an injury on the said victim by assault, such as taking the victim E, and taking the face and body of the said victim by drinking as stated in the lower judgment. Therefore, this part of the Defendant’s assertion is without merit.

① A victim E has made a relatively specific and consistent statement from an investigative agency to the party in question on the background, details, etc. of the injury inflicted by Defendant E’s assault. The victim’s face and body color (which means either 14 through 16 pages, 46 pages, and 47 of the investigation record) correspond thereto.

② After the instant case occurred, the victim E was issued a written diagnosis of injury by visiting the hospital. In so doing, the part and degree of the injury as indicated are consistent with the cause and circumstance of the injury alleged by the said victim, and it is difficult to find out circumstances where the said victim might suffer injury due to any other cause except the instant case.

(2) In addition, the fact that the Defendant, upon birth, assaulted the victim E, such as taking the victim’s face and taking the body in drinking, etc., was inflicted by assaulting the victim’s face and body. However, as alleged by the Defendant, the victim in the process is the victim.