The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal by the defendant;

A. In the absence of a misunderstanding of facts, the lower court found the Defendant guilty of the instant facts charged by the victim’s statement that is contradictory and not reliable.

B. The judgment of the court below on unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination on the grounds for appeal

A. In light of the records of this case’s determination of mistake of facts, it is believed that since the victim C’s investigative agency, statements in the court of the court below are not consistent and particularly contradictory.

피해자의 위 진술에 의하면, 피고인이 피해자에게 812호 병실에서 “나가라”고 하면서 뒤에서 손으로 피해자의 양팔을 잡아당기며 밀쳐 바닥에 엉덩방아를 찧게 하여 2주간의 치료를 요하는 좌측 둔부 타박상을 가한 사실을 넉넉히 인정할 수 있으므로, 피고인의 사실오인 주장은 이유 없다

[I, I, J, and K's statement (Evidence 1 through 4) submitted by the defendant as evidence, ① the defense counsel of the defendant applied for as a witness of H and J in the original trial and the trial court of the court below, and withdrawn it. ② H merely stated that the victim was the victim's husband, and that the defendant did not directly witness the scene of the case at the time, ③ did not directly witness the scene of the case. ③ The 8th floor was not in the sick room at the time of the instant case, ④ The J did not have witness the scene, ④ The victim was in the front before the sick room, but it is difficult to confirm how the victim was in full view of the whole process, and it is difficult to confirm how the situation the "the victim was in full," ⑤ K is the incidental of the defendant, and the investigation agency from this case to the trial of the party or the trial of the court of appeal.