가. 사실오인 특수상해죄에 대하여, 피고인이 빈 소주병을 바닥에 내리쳐 깬 후 이를 오른손에 쥔 상태로 왼쪽 허벅지 위에 올려두었는데 피해자가 피고인을 발로 차다가 헛발질을 하여 깨진 소주병에 다리를 찔렸을 뿐이고, 제1심 판시와 같이 피해자에게 상해를 가한 적은 없다.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The Defendant asserts to the above purport as to the special injury by mistake of fact from the lower court.

However, in full view of the following facts and circumstances revealed by the evidence duly adopted and examined by the court below, the defendant was found to have inflicted an injury on the victim as stated in the judgment below.

① The victim was in the form of “a” with a length of about 10 cm and about 5 cm in depth on the part inside the right side of the instant bridge (Intermediate part of the paper Ri) due to the instant crime, and the said wife was deep enough to look at the inner organization of the surrounding land.

② After the victim suffered from the above wife, the victim was killed in a large volume of diversous transfusion.

③ The above circumstances seem to be difficult to flag a flag or flag a flag.

④ As alleged by the Defendant, the Defendant merely put the bucker’s disease at his her own buckbuck site. However, if the victim seeking to attack the Defendant suffered from the above bucker’s disease by vaining vain, the victim would have suffered flicks that flick up at the side or outside of the bridge.

However, the upper part of the victim's body is in the inside of the bridge (in the middle of the pathy).

⑤ In light of the above location and degree of the shore, the victim suffered the shore in vavain.

It is more reasonable to see that the defendant has reached knife as a shoulderer.

(6) A victim shall also be himself/herself as a prone disease of the defendant.