A. The Defendant was not guilty of causing injury to the victim C, as described in the facts charged.

B. At the time of the instant case, the Defendant was in a state of mental and physical loss or mental weakness.

(c)

The punishment of the lower court (five million won in penalty) that is unfair in sentencing is too unreasonable.

2. Determination

A. The following facts and circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of facts: (i) the victim C has made a relatively specific and consistent statement from the investigative agency to the lower court on the background, process, contents, etc. of the injury inflicted by the Defendant (Evidence Records No. 8, 9, and the trial records No. 43 through 47); (ii) the victim C received treatment from the hospital on March 17, 2016 and received a diagnosis of injury; and (iii) the cause of the injury and the part of the injury inflicted on the victim’s statement appears to correspond to the victim’s statement (Evidence No. 5 of the evidence record); (iv) the witness of the first instance court showed that the Defendant was able to take the head of the victim C; (v) the Defendant did not appear to have taken the victim’s head at the left side of the victim’s blue, and (v) the Defendant did not appear to have taken the victim’s head on the part of the victim’s witness C (the victim’s head at the lower court hearing record No. 85).

The statement was made that the witness stated that he did not accurately memory but the flock flick flick flick flick (the trial record No. 99, 100 page). The above statement was part that was not directly viewed by each witness.

Even if it appears that considerable part of the statement of the victim C is consistent with the statement of the victim, the victim C and the defendant.