Text
The defendant's appeal is dismissed.
Reasons
1. 항소이유의 요지 피고인은 피해자로부터 일방적으로 폭행을 당하였을 뿐 피해자를 때린 사실이 없고, 피해자는 지나가던 행인이 피해자를 떼어 놓는 과정에서 뒤로 엉덩방아를 찧다가 손을 다친 것임에도 불구하고 원심이 이 사건 공소사실을 유죄로 인정한 것은 사실오인의 위법을 범한 것이다.
2. The judgment of the court below stated that the defendant drinking the face of the victim D as in the facts charged of this case, and that the victim c was satisfed and satisfed by drinking, and the following circumstances acknowledged by the records: ① The victim D satisfed with the defendant and C, and the defendant was satched with the defendant's left hand, and C satfed with the defendant's drinking, and the defendant was satfeed with C satfe with the signboard, and satfeed with C satfe with the defendant's face, and young male satfed with C, and the defendant tried to satfe with the defendant's face, and the defendant was satfed with C satfe with the defendant's face when satfed with C, and the defendant was satched with C satch with the defendant's face when satched with C.