가. 사실 오인 피고인이 피해자의 얼굴을 할퀸 사실은 있지만, 피해자를 넘어뜨린 뒤 피해자의 어깨 위를 무릎으로 찍는 등 폭행한 사실은 없으므로 피해자가 입은 우측 견관절 쇄골 원위 부 분쇄 골절의 상해는 피고인의 행위로 인한 것이 아니다.

B. The lower court’s sentence against an unfair defendant in sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly admitted and investigated by the court below regarding the assertion of mistake of facts, namely, ① the victim has been consistently maintained from the investigative agency to the court of the court of the court below to have been divided into the victim and knee and knee and knee.

(2) According to the photograph taken by the police immediately after the instant case, the victim gives the right hand to the left hand, and as to the reasons therefor, there was a sale in the court of the court below.

(3) On the day of the instant case, the victim visited the emergency room of the Sincheon Hospital at the Sincheon University on the day of the instant case and received diagnosis from the upper part of the upper part of the upper part of the upper part of the upper part of the body, and ④ the victim made a statement different from the image of the photograph taken at the time of the instant case, but whether the head was bound at the time of the instant case or at the police station can be somewhat inaccurate from the perspective of the victim, and thus, it is difficult to view that the credibility of the victim’s statement is significantly low. In light of the above, the Defendant’s assertion of the facts that the victim inflicted an injury by assaulting the victim is sufficiently recognized as stated in the judgment of the lower court, and thus, the Defendant’s assertion of mistake is without merit.

B. As to the unfair argument in sentencing, the victim first started fighting by having the head of the defendant.