The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that this judgment.

A. As to the charge of special assault among the facts charged in this case, the Defendant did not have any fact that the victim was out of hacks with hacks and plastics so that he was found guilty of this part of the facts charged, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (eight months of imprisonment, two years of suspended sentence, 80 hours of community service order, and 40 hours of attending order) is too unreasonable.

2. The summary of this part of the facts charged (special assault) was as follows: (a) on April 16, 2014, the Defendant: (b) around 02:50, at “F point” in the operation of the Victim E in Ulsan-gu G, Ulsan-gu; (c) on the part of the other customers under the influence of alcohol, the Defendant faced the disturbance, such as the victim’s hurf, and the hurging of the hurg, the hurg, the hurg, and the hurg, the hurged hand, the hurg, and the hurg, the hurged hand of the victim.

In this respect, the defendant carried dangerous objects and assaulted the victim.

3. Determination

가. 원심의 판단 원심은, ① 피해자가 최초 경찰 진술에서부터 피고인이 쇠 의자와 재떨이를 집어던졌다고 일관되게 진술하고 있는 점, ② 피고인 일행인 I 역시 경찰에서 피고인이 당시 재떨이인지 물 병인 지를 피해자를 향해 던져 이를 제지하였다는 취지로 진술하였던 점, ③ 이 사건 당일 발급한 상해진단서 상 상해 부위에 ‘ 두부’( 頭部) 가 포함되어 있고 상해 정도에 ‘ 다발성 타박상, 다발성 피하 출혈’ 이 포함되어 있는 점 등을 종합하여 이 부분 공소사실을 유죄로 인정하였다.

B. There are evidence related to the facts charged in this part of the deliberation by the party, including ① the victim’s statement, ② the police statement of I, ③ the diagnosis statement of injury (E), ④ the suspect A, the victim E, and the suspect B’s photograph, etc., as follows.