A defendant shall be punished by imprisonment for not less than eight months.

A. It is true that the defendant alleged a mistake of fact has inflicted an injury on the victims.

However, there is no time for victims C to drink.

B. The lower court’s punishment (one year of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances revealed by the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, the lower court’s judgment convicting the Defendant of this part of the facts charged seems legitimate, and thus, rejected the Defendant’s allegation of mistake as to this part of the facts charged.

① The police and the court of the court below held that “A victim C was able to report the 112 report, leaving the Defendant open, leaving the body on the floor of drinking and hand, and suffered a confluence with glass impact on the floor of right hand.

When it continues to be in progress.

The victim C makes a statement to the effect that “A” (Evidence Nos. 15, 40, 42 of the evidence record). Such a statement by the victim C is consistent, natural, and concrete in the explanation on the situation before and after the instant crime, etc.

② As alleged by the Defendant, if the above victim’s person was in excess of the degree of being pushed down in the course of the Defendant’s attempt to commit a click phone by the victim C, the said victim would have been able to report to the police again. The said victim did not report at the time, and reported it to the 112 after leaving home and getting out of convenience store (Evidence 15 page). ③ The Defendant stated that C was in exaggerationd about the reason for the failure of marriage by the victim to the Defendant for the reason for the failure of marriage.

However, the circumstances leading up to the dispute on the date of the instant case, the act of the Defendant and the details of the damage inflicted on the said victim, and the Defendant and the said victim.