A. Recognizing the fact that the victim's head was flicked by the defendant due to a misunderstanding of facts, and flocks were flicked by the defendant, but the injury suffered by the victim cannot be deemed due to the defendant's act.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (700,000 won of a fine) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the defendant injured the victim as stated in the judgment below, and the causal relationship between the defendant's act and the victim's injury can be sufficiently recognized. Thus, the defendant's assertion of mistake of facts is without merit.

1) The victim since the investigative agency, up to the trial of the court below, stated very specific and consistent as to the background and content of the injury in this case, and the situation before and after the instant case, that “the Defendant was headed in the book (business book) and did not flick and unfolded.” The Defendant was hospitalized in the hospital for three days, and received water treatment.” 2) E and F stated very detailed and consistent in the investigative agency as witness of the situation before and after the instant case, and the contents of the statement are consistent with the victim’s statement.

3) The CCTV CD also appeared “the shape of the victim’s breath and the victim’s breath removed the Defendant’s hand, and the surrounding people’s body fighting with the Defendant and the victim’s body.” (4) On June 23, 2011, the victim stated that “the victim complained of the Defendant and the victim’s body fighting.” The victim complained of the breath, the bruth, and the breath, and the doctor in charge diagnosed “satisf and the tension.”

B. 1 Defendant appears to have committed the instant crime contingent on the assertion of unfair sentencing, and is economically as a recipient of basic livelihood security.