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. The defendant of mistake of facts only caused the victim's head or arms by his hand, and there is no fact that he was a part of the victim's processed interest with his cell phone.

B. The sentence imposed by the lower court (two years of suspended sentence for eight months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following facts recognized by the court below based on the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts and the circumstances inferred therefrom, the defendant can sufficiently recognize the fact that the defendant made a mistake of the victim's interest by cell phone.

(1) A victim made a concrete and consistent statement from an investigative agency to the court of original instance.

② In light of the fact that the victim suffered a breathesis immediately after the tearing of the victim, the injury suffered by the victim seems to have occurred due to a strong shock by a very short material.

(3) The defendant asserts that it is likely that the victim would have self-harm, but is merely a side of prosecution.

The defendant could not see the form of self-harm of the victim, and it does not seem that there is time to harm the victim.

In light of the extent and degree of injury and the situation before and after the case, it seems that there is little possibility that the injury of the victim may occur due to other causes, such as the injury of the victim outside of the assault of the defendant or facing the victim.

B. The Defendant denies the instant charges on the assertion of unfair sentencing.

However, from November 2017 to the time of the instant case, the Defendant continued to bullying due to insult, intimidation, assault, or intrusion upon residence from the victim who died on the same apartment level.

At the time of the instant case, the victim took a bath to the Defendant before the Defendant’s house, and was unable to do so, and the Defendant was accordingly.