The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although the Defendant did not have inflicted an injury by assaulting the victim with dangerous things, the court below found the Defendant guilty of the facts charged in this case. The court below erred by misunderstanding the facts, which affected the conclusion of the judgment.

B. In light of the overall sentencing conditions of the instant case, the lower court’s imprisonment (three years of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances revealed by the lower court’s judgment and the evidence duly admitted and investigated by the court of first instance as to the assertion of mistake of facts, the fact that the Defendant left the victim’s left arms at the time and place indicated in the instant facts charged, and caused the injury to the victim, can be sufficiently recognized.

① On the day when the victim suffered the instant injury, the victim made a statement to the police officer in relation to the instant injury case while making a statement to the police officer in relation to the instant injury, immediately after any person sees that “a person gives a drinking value,” and that person’s appearance is about 170 cm by the age of 30 middle and middle half. There was a pair of parts.

“After having made a statement, there was a case, the defendant stated that he had worn red liter and black liter at the time of the occurrence of the case, the victim's appearance is considerably consistent with the victim's appearance of memory and the appearance of the defendant's appearance, and is accurately consistent with the color of the uniforms in which the defendant was suffering.

② On November 1, 2012, the following day of the instant case, the victim: (a) on November 1, 2012, the police officer asked a male customer at the main point of the instant case; (b) stated that he/she assaulted himself/herself; (c) the Defendant was identified as a criminal offender immediately after the instant case.

③ According to the internal CCTV of the instant building (D), around 04:44:19 on October 31, 2012, the victim went to the main point of this case and the right-hand entrance of the instant building. The Defendant also went to the main point of the building around 04:44:57 on the same day.