The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The accident of mistake of facts or misapprehension of legal principles is caused by the wind that the victim sits with the rear bridge of his own will, and the defendant who was following the accident cannot be deemed to have a duty of care to prevent the defendant from getting out of the victim's will by predicting the situation where the victim was faced with unstable conditions.

Nevertheless, the judgment of the court below which recognized the crime of injury by negligence on the ground that the defendant violated the duty of care when walking caused the accident of this case, is erroneous in mistake or misapprehension of legal principles.

B. The lower court’s sentence of unreasonable sentencing (one million won of a fine) is excessively unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts or misapprehension of legal principles, the fact that the Defendant was only behind the victim in order to leave the toilet at the original seat, but the space behind the victim was not sufficient. Accordingly, the Defendant was between the victim’s body behind the victim’s will and the victim’s body in a narrow narrow walk. However, when the Defendant coming from the toilet, the Defendant seeed the time line and body toward the human body, and went behind the victim’s will. In that process, the Defendant went beyond the victim’s awareness due to mistake. In this case, the victim was in a strong condition, but the victim did not lose balance, or was at night and the location of the occurrence of the case was also a relatively difficult fact.

According to the above facts, the defendant had already been aware of the circumstances that the defendant could not pass smoothly due to narrow space behind the victim's will, and thus, he had been able to pay reasonable attention to him even when coming from the toilet.