The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The judgment of the court below that recognized the defendant's crime of injury without the intention of injury is erroneous in misconception of facts.

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

2. Determination:

A. In regard to the assertion of mistake of facts, the Defendant asserted that “In order to prevent the victim from getting off all of his well-fashion, the Defendant: (a) was fashing the victim’s right arms; (b) however, as stated in the facts constituting an offense, there was no fact that he was fashing the victim’s left side by cutting down the victim’s hand with another hand; and (c) there was no intention of injury at the time.”

In light of the above, the court below acknowledged the defendant's crime of injury on the ground that it is reasonable to view that the defendant carried one hand as stated in the facts of the crime, carried the victim's left part, and carried the victim's neck by other hand, and that he did not recognize or allowed the victim's above injury.

In full view of the evidence duly admitted and examined by the court below, the judgment of the court below which recognized the defendant's crime of injury is just, and there is no error of mistake of facts as alleged in the grounds for appeal.

Therefore, the defendant and his defense counsel's above mistake of facts is without merit.

B. Although the nature of the crime is inferior in that the victim, who was denied by the Defendant’s assault against the Defendant, suffered serious injury, the Defendant appears to be in opposition to the instant crime on behalf of him, and the victim did not want the punishment by mutual consent with the victim in the trial, and the Defendant is the primary offender.