A. Although the Defendant had a physical contact with the victim, the Defendant did not look at a number of times, as stated in the facts constituting the crime of the lower judgment.

Even if the Defendant assaulted as above, the injury suffered by the victim was brain-dead and spawn, and thus not related to the Defendant’s assault act, but also constitutes an act of lack of illegality by a political party’s defense, excessive defense, self-help, excessive self-help, and political party act.

B. The sentencing of the lower court’s unfair sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. According to the evidence examined by the court below as to the assertion of mistake of facts, the court below can fully recognize the fact that the defendant was at the time of drinking the victim as stated in the facts of the crime, and that the victim sustained the injury.

B. In full view of the content, degree, motive, and circumstances at the time of the Defendant’s act, the Defendant’s act is an unlawful use of force against the victim. It cannot be deemed that the Defendant’s act was an active and passive defensive act that may take place under social ethics or social norms in the current circumstances, and the same holds true even in cases where the victimized person’s act was set up against the Defendant’s temporary defense.

Therefore, the defendant's injury to the victim cannot be viewed as a legitimate act that does not violate the social norms, a political party's defense, excessive defense, self-help, and excessive self-help act.

Therefore, the court below did not err by misapprehending the facts and adversely affecting the judgment.

B. Various circumstances such as the Defendant’s age, sexual conduct, environment, family relationship, motive, background, means and consequence of the crime, including the degree of the victim’s injury inflicted upon the determination of the unfair argument of sentencing, and the special circumstances or circumstances that may change the sentencing of the lower court after the lower judgment.