The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

A. In the instant case, the Defendant, by misapprehending the legal principles, committed an act of assaulting a victim with no consciousness due to alcohol or shock caused by a shock at the time of the instant case, to put him in a beer injection, and thus, did not have the intention of assault. Even if there was an intentional act of assaulting a person who did medical act at the place where the medical act was performed, the Defendant did not have the intent of assaulting a medical person

B. Even if the Defendant was physically and mentally deprived, the Defendant had no capacity to discern things or make decisions.

(c)

The sentence of the court below's improper sentencing (2 million won) is too unreasonable.

2. Determination

A. The Defendant alleged to the same purport in the lower court’s judgment as to the assertion of mistake of facts or misapprehension of the legal doctrine, but the lower court convicted the Defendant by taking account of the evidence presented.

According to the evidence duly adopted and examined by the court below, the defendant was used at the house of the person under influence of alcohol and was transferred to an emergency room as indicated in the judgment, and the victim was frighted in the emergency room as indicated in the judgment at the time of the instant case. The victim was frighted in the body of the victim while preparing for the defendant's arms and being frightened. The employee of other emergency room was fright in the aftermath of the defendant's arms, and the victim was frighted in the front of the defendant's arms, but the victim was fright back, and the victim was frighted in the front of the defendant's arms, and the victim was frighted with the victim's chest as stated in the facts charged. The victim confirmed the defendant's name and confirmed the defendant's arms in the court of original instance, and was frightd with the defendant's body and was frightd with the defendant's arms.

The defendant is aware of the defect in explanation.

대답을 하여서 진행하였는데 갑자기 욕설을 하면서 짜증을 내고 피해자를 발로 찼다는 취지로 진술한 점 등을 보태어...