The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. In relation to the crime of harming the summary of the grounds for appeal (misunderstanding of facts and the crime of harming the sentencing), the Defendant was under restrictions on the activities of persons with disabilities of class 3 on brain disease, and there was no injury by assaulting the victim K face by drinking, taking the body, etc., and instead, the injured person was under the influence of the victim himself/herself while committing the assault, such as harming the Defendant.

Considering this point, the sentence of the court below (2 million won) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The judgment of the court below is that the defendant did not facilitate the daily life action using the arms and legs with the 3rd degree disabled in the brain bottle, but the defendant can be found guilty of the facts charged of injury in full view of the following circumstances:

(1) At the site;

J, contrary to the Defendant’s assertion that the Defendant was assaulted by the victim unilaterally, the Defendant first expressed the victim’s desire, and whether the victim “the victim expressed any desire.”

“In the end, the body fighting was exceeded the floor in which the body fighting was fighting with one another’s head and head debt.”

statement is made.

② The victim consistently states that, from the investigative agency to the court of the court below, the Defendant was satisfying, the Defendant’s satisfy, and the Defendant was satisfyed on his own fry, and the Defendant was satisfying the Defendant’s head bond at the defense level, satfying the Defendant’s head bond, and satfying the Defendant’s body four to five times.

③ Comprehensively taking account of the above, the victim appears to have suffered bodily injury, such as a scambal, etc., due to the Defendant’s assault, and the Defendant may also have the willful negligence of the injury.

B. Comprehensively taking account of the victim’s statement and diagnosis by the J and the victim, the Defendant suffered injury, such as the escape of the arm’s length by breaking the victim’s face and breaking the victim’s face.