A. There is no fact that the Defendant, by misunderstanding of facts, committed an assault against the victim E’s right side of the victim E, and did not inflict an injury on the victim E by driving the victim E on his hand.

In addition, there is no fact that the Defendant committed assault, such as spitation, etc. of the victim F by driving two times the left side of the victim F, towards the chest and head of the victim F.

B. In light of the legal principles, even if the defendant was scarbly sickly to the victim E, it is not a crime of violation of the Punishment of Violence, etc. Act (collectively weapon, etc.) against the defendant, since scarbies were not dangerous objects.

C. The lower court’s sentence (one year of imprisonment, two years of suspended execution, and 80 hours of community service) against the Defendant is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the lower court and the first instance court as to the assertion of mistake of facts, the following circumstances are recognized.

① The victim E consistently stated from an investigative agency to the court of the court below to the effect that the Defendant was faced with gys Byung’ face of the victim E.

In addition, the victim E stated in the police that the defendant was deadly aware of the victim's interest, and in the court of the court below that the part was rapidly opened to the defendant, and the reason why the part was too long long is so long that it is not well memory.

(수사기록 13쪽, 공판기록 25쪽). ② 피해자 F은 수사기관에서 원심 법정에 이르기까지 일관하여 피해자 F이 경찰에 신고하려고 하자 피고인이 발로 휴대폰을 들고 있는 피해자 F의 왼쪽 팔을 2회 찼고, 그 후 피해자 F에게 침을 뱉었다고 진술하였으며(수사기록 20쪽), 원심 법정에서 피고인이 차에서 내려서 피해자 E에게 무엇인가를 던진 것을 기억한다는 취지로 진술하였다

(3) G at the scene of a case shall be from an investigative agency to the court of original instance.