A. The defendant does not inflict any injury on the victim.

Nevertheless, the judgment of the court below that found the defendant guilty of the facts charged of this case is erroneous in misconception of facts.

B. The sentence imposed by the lower court on the Defendant (six months of imprisonment, two years of suspended execution, two years of probation) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, it can be sufficiently recognized that the defendant inflicted an injury on the victim. Thus, the above assertion of mistake of facts is rejected.

① The Defendant asserts that there is no time to place the victim, and denies the facts charged in the instant case.

② The victim consistently stated from the investigative agency to the court of the court below that “the Defendant was able to keep the Victim’s shoulder in the Fnobya club room and take hand, with the Victim’s shoulder attached once, and the victim was able to go beyond the Victim’s body before the Fnobya club and turn off the victim’s face.” The victim stated to the effect that “The Defendant was able to take part in the front of the Fnoby club and take part of the victim’s body.”

(3) The witness I stated to the effect that “the Defendant was faced with the face, face, etc. of the victim at the waiting room of the FMA club, sealed the victim, and knife him/her (105 pages of the trial record),” and the witness H and witness J stated to the effect that “The Defendant and the victim were able to flife in the front of the FMA club, and flife him/her.”

(83 pages, 84 pages, 99 pages, 100 pages). Statements of the above witnesses that correspond alternatively to the facts charged are reliable in accordance with the statements of the victim and the statements of the above witnesses to investigation agencies.

(4) Records of photographic evidence taken of parts of the victim's injury, 22 pages.