A. In the context of the instant case, the Defendant, while under the influence of alcohol at the time of the instant case, found that the victim D’s face is 3 to 4 times with the floor of the loss, the Defendant was aware of the fact that the victim caused the injury to the victim by taking the part of the victim’s hair, which is a dangerous object on the floor, as indicated in the facts charged. However, as indicated in the facts charged, the Defendant did not “the fact that the victim caused the injury by taking the part of the victim’s face, which is a

Nevertheless, the judgment of the court below that found the defendant guilty on the ground of the victim's statement without credibility is erroneous in the misapprehension of facts and affected the judgment.

B. The Defendant submitted a statement of grounds for appeal to the effect of disputing unfair sentencing, along with the assertion of mistake of facts by mail on the day of closing the argument.

The punishment of the court below (two years of imprisonment) is too unreasonable.

2. Determination

A. According to the record on the assertion of mistake of facts, ① the victim stated in the complaint only that “the defendant took fucks, bucks, bucks, breasts, etc. on the victim’s head and fucks, bucks, and fucks, etc. on the victim’s cell phone.” ② However, when the victim was subject to the primary investigation by the police, the victim was at the time of the victim’s body’s occurrence. The Defendant continued to have his body and frightened on the victim’s cell phone. The Defendant stated that “I met fuckbucks’ body head and fuckbucks’ body on the victim’s cell phone.” At the time of the investigation, the victim submitted 10 photographs taken by the victim’s body parts on the victim’s cell phone (Evidence No. 166 of the evidence record), which included the victim’s photograph on the victim’s body and fuckbucks’ body on the victim’s photograph No. 4 of the fuckbuck.