A. At the time of misunderstanding the fact, the victim invadeds the defendant without permission on the parking lot office that he used as a residence, and there was no fact that the defendant inflicted an injury by assaulting the victim.

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

2. Determination on the grounds for appeal

A. In light of the following circumstances revealed by the evidence duly adopted and investigated by the lower court as to the assertion of mistake of facts, the fact that the Defendant inflicted an injury on the victim as stated in the facts charged is recognized.

Therefore, this part of the defendant's assertion is rejected.

(1) The victim, from the investigative agency to the court of the court below, made a concrete statement on the major matters of the crime of this case, including the reason why the victim was injured by the defendant at the time of the investigation agency, the reason and background leading up to the injury, the method of injury, and the circumstances after the injury. Although there are some differences in the detailed parts, it is determined that the statement is consistent as a whole, and

(2) The victim stated in the court of the court below that "the witness was originally suffering from the heart, and the defendant was able to kill him in the emergency department and the middle patient department by pressureing his chest, and the bridge photograph was born later."

On March 24, 2012, the Defendant was hospitalized in F Hospital with acute heart color, and was discharged on March 24, 2012 after being hospitalized in CF Hospital. From the perspective of the Defendant at the time, there is a serious problem, such as acute heart color, the Defendant seems to have never been blicked for the right-hand side injury, etc. of the instant injury.

(3) The victim stated that he was released from the F Hospital on March 26, 2012 after he was released from the G Hospital and stated that he was “the victim sustained injury by others”, and according to the certificate of the injury diagnosis, the victim’s inspection was conducted at the early wave of the lower part of the left hospital.