The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal is that the defendant only speaks against the victim G and E, and did not assault the victim jointly with E as shown in the facts charged in this case, and the judgment of the court below which found the defendant guilty of the facts charged in this case is erroneous in the misapprehension of facts, and even if the defendant is found guilty of domestic affairs, the sentencing of the court below (eight months of imprisonment) is unreasonable.

2. Determination

A. On January 8, 2012, the summary of the facts charged in the instant case is as follows: (a) the Defendant was at the D restaurant located in Busan, Busan, about 20:30 on the following grounds: (b) the victim F (the age of 61) was slick while drinking alcohol with G where drinking alcohol together with the Defendant; (c) the Defendant “this year slurds, dynasium, dynasium,” and the victim’s head, etc. was slurd with the victim’s head, etc. one time at the victim’s right hand and one time at both hand; and (d) E was flurd with the victim’s shoulder, and the Defendant continued to take the part of the victim’s shoulder in front of the D restaurant; and (d) the Defendant took the part of the victim’s hair, flurd with the victim’s hair, and flurd with the victim’s finger’s hand, and made the victim’s chest so far out.

As a result, the Defendant, together with E, inflicted injury on the victim, such as cerebral ley that requires medical treatment for about four weeks.

B. The lower court found the Defendant guilty of the above facts charged and sentenced the Defendant to eight months of imprisonment.

C. First of all, the judgment of this Court is as to the part of the assault in the restaurant among the facts charged in this case, that is, when the defendant takes one time at the right side of the victim and takes several times at the victim's head, etc. with both hand, and E takes the part of the victim's shoulder by double hand, and led the victim out of the restaurant, and the most evidence corresponding to the above facts charged is the victim's statement.

However, the above statements by the victim are difficult to believe in light of the following circumstances, and the prosecutor.