A. In fact-finding, the Defendant: (a) discovered the victim and transferred the victim to the police in the club hall, where he was killed in the club corridor and found the offender together with D; and (b) in the process, there was no fact that the victim’s coke was injured by drinking, and (c) the victim’s injury in the “non-afrokeing” appears to have been caused by a group assault between the victim who was in the club corridor and E.

Moreover, in case of CT video materials against the victim, the victim's injury to the victim's "non-alley brupt" is not confirmed.

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Determination

A. The Defendant also asserted the same purport as the grounds for appeal in the lower court’s determination of mistake. The lower court rejected the above assertion on the ground of the third instance of the lower judgment.

The judgment of the court below is consistent with the following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below. ① The victim selected the defendant at the police immediately after the crime of this case and stated to the effect that "the victim was "the person who was infected with a mustache" was the victim at the time of drinking, and ② the witness witness at the court of the court below also stated to the effect that "the defendant was forced to take the victim's inside," and the witness at the court of the court below stated to the effect that "the victim was forced to take the victim's inside," and the face at the time of the situation at the time of the statement to the effect that "the lighting itself is going to the above. Therefore, the face will be memory, and (a) the defendant would be sure that the person was infected with a mustache." (a) The victim appears to have a high credibility of the trial record). < Amended by Act No. 3061, Mar. 1, 2010>