The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. As to the part of the crime of mistake of facts or misunderstanding of legal principles, it is recognized that the defendant's assault committed in the victim's coaches, but it cannot be evaluated that the victim was injured.

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

2. Determination

A. The injury of an injury to a judgment of mistake of facts and misapprehension of legal principles means the injury of the victim’s completeness or physiological function.

In a case where there is extremely minor circumstance accompanied by a assault, and there is no assault, it is an ordinary situation or inconvenience that may occur in daily life even if there is no assault, and where there is no need for treatment, it is naturally cured and there is no hindrance in daily life, it cannot be said that the crime of injury is injured.

In addition, whether the physical integrity of the victim is damaged or the physiological function is hindered should not be objectively and uniformly determined, but be determined based on the physical and mental specific conditions such as the victim's age, gender, physical strength, etc.

(See Supreme Court Decision 2016Do15018 Decided November 25, 2016, etc.). The following circumstances acknowledged by the evidence duly admitted and investigated by this Court, namely, ① the Defendant is a man with physical size of about 181cc in height and about 90cc in height, and the Victim P is a woman with common physical size of about 160cc in height, ② the victim was prepared and submitted to the investigation agency a written statement to the effect that “the victim was about 10 times in body size,” and was taken by the police officer dispatched to the scene, and the victim’s face and hand was scept and scattered in the room of the crime. As such, even if the Defendant’s attack continues to have blood transfusion from the body of the victim, the victim appears to have continued to have been committed several times in the investigation agency, ③ the victim’s agreement is postponed.