The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for not less than five months.

Defendant

A.

1. Summary of grounds for appeal;

A. The court below found Defendant B guilty of the facts charged in this case where Defendants B and Defendant A did an injury by assaulting the victim of the misunderstanding of facts and did not inflict any injury on the victim. The court below erred by misapprehending the facts, which affected the conclusion of the judgment by misapprehending the facts.

B. Under the influence of alcohol, Defendant B committed the instant crime in a state that lacks the ability to discern things or make decisions.

C. The lower court’s imprisonment (six months of imprisonment) on Defendant B is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and investigated at the court below on the assertion of mistake of facts by the Defendants and their defense counsel: ① in the investigative agency and court of the court below, the victim made three times the victim’s face by drinking at the victim’s home, and Defendant B, who was in the next place, made about 20 times the victim’s face due to drinking and scam, and continued to scam at a small place, and the victim was able to have scam back from the victim. The victim was scam in a concrete and consistent manner as to the Defendant’s assault, ② in the police station, the victim’s wife made a statement to the effect that “When the Defendant was scambling at the victim’s home, the victim was frighted,” and the victim’s face was 30 times the victim’s face by drinking and scambling, and the victim was scambling from the victim and the victim’s victim’s statement to the effect that “the victim was frightd from the victim’s statement.”