The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Summary of Grounds for Appeal

There is no fact that the defendant forced the victim's hair, but there is no fact that the defendant threatened the victim with the kitchen knife, so the court below erred in misunderstanding of facts and misunderstanding of legal principles recognized as such, although there is no special injury crime against the defendant.

2. Comprehensively taking account of the following circumstances, which can be recognized by comprehensively taking account of the evidence duly admitted and examined in the lower court’s judgment as to the assertion of mistake of facts and misapprehension of legal principles, the Defendant’s assertion is not acceptable, since the Defendant’s threat of the victim as stated in the facts charged in the lower judgment, or the Defendant’s head and the kitchen knife of the victim.

The victim consistently stated the facts of damage as stated in the judgment of the court below from the investigative agency to the court of the court below. It is difficult to view that the victim made a false statement that he did not actually experience by specifically stating the situation at the time, circumstances before and after the case, circumstances before and after the case, and circumstances where the complaint was delayed.

Although the victim does not accurately memory some facts after the lapse of time, or there are some changes in statements, this is not only a scarcity or a difference in expression, but also a situation where assault continues for a considerable period of time, and thus, it appears that it would rather be natural to accurately memory according to the order of time. In light of the fact that from the time of committing the crime to the investigation agency and the court of original instance, it is only natural phenomenon.

On May 9, 2017, 3 days after the date of the instant case, the victim submitted evidence consistent with the victim's statement, such as photographs, arms, grandchildren, legs, etc. taken on May 9, 2017.

The injured party is the defendant's knife.