1. The judgment below is reversed.

2. The defendant is not guilty; 3. The defendant shall notify the defendant of the summary of the judgment.

1. Summary of grounds for appeal;

A. The court below found the Defendant guilty of the facts charged in the instant case, although the Defendant did not support the part of the victim’s arms, there was an error of law by mistake in the facts.

B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.

2. Determination (as to the assertion of mistake of facts)

A. The lower court found the Defendant guilty of the instant facts charged by compiling the evidence as indicated in its judgment.

B. Determination 1) The burden of proving the facts charged in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence with probative value sufficient to have a judge feel true enough to have a reasonable doubt. Thus, if there is no such evidence, the conviction cannot be determined even if there is any doubt as to the defendant's guilt (see, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006; 2016Do1716, May 12, 201).

① On September 30, 2014, the Defendant was hospitalized in the 209 heading room at the D Hospital located in the 209 heading, Si, Gun, and Si, and the victim, F, and I were hospitalized in the 211 heading room at the same hospital.

② From September 30, 2014, F: (a) around 18:30 on September 30, 2014, at the heading room 211 of the above hospital, the person who collected goods from the nurse G, and the Defendant was the heading room 211 of the above hospital, and became F and Si expenses.

③ The Defendant and F, as mentioned above, came to a vision, the victim sent fighting to the out corridor of the sick room at the heading room 211 of the above hospital that caused the fighting disaster.

4. The inside of the above hospital 211.

F이 피고인의 뺨을 때리며 링거 폴 대를 피고인에게 던지자 피고인은 복도 쪽으로 뒷걸음질 치며 발로 F을 2~3 회 찼고, 그 후 경찰관이...