The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Summary of Grounds for Appeal

Since the defendant and the victim suffered multiple injuries in the process of misunderstanding the facts, the crime of injury by negligence is only established.

In other words, the defendant did not assault the victim with a deadly weapon and did not have the intention of injury.

However, there is no objective evidence as to whether or not the defendant carried dangerous articles, and the court below found the defendant guilty of inflicting bodily injury on the victim by relianceing the victim's statement with low credibility when considering the victim's bodily injury records and a large number of criminal records. The court below erred in the misunderstanding of facts.

B. The lower court’s imprisonment (one year of imprisonment) against the Defendant is too unreasonable.

Judgment

The lower court and the lower court acknowledged the following circumstances based on the evidence duly adopted and investigated by the court of first instance as to the assertion of mistake of facts: (i) the victim consistently testified in the situation before and after the damage was inflicted upon the Defendant from the time of the accusation to the police examination and the court of first instance (3-34 pages, evidence records 5, 24, and 46 of the trial record); and (ii) the victim, on the following day of the instant case, made the Defendant himself/herself at his/her own will and had the Defendant bear medical expenses (Evidence records 115 pages); and (iii) the Defendant was originally going to go in Jeju from Jeju Island until April 20, 2019 and was scheduled to go back to Seoul; (iv) the victim settled the victim’s flight fare up to December 20, 2018, which was after the instant framework, and was going to Seoul as well (Evidence records 36,114 pages).