The defendant's appeal is dismissed.

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. In the investigative agency and the court of the court below, the victim suffered from the victim, but the head of the defendant was not faced with the floor.

피고인이 넘어진 피해자의 머리를 발로 걷어찼다.

The lower court, despite having made a statement to the effect that “the victim did not state his/her face on the floor,” recognized the erroneous fact that “as the victim gets beyond the face on the floor,” which is a content that the victim did not state.

Even if the victim goes beyond the victim and faces face on the floor, it is not possible to wear the safety and sacrife caused by the price, so there is no causal relation between the defendant's act and the victim's injury.

B. The sentence of the lower court (an amount of KRW 300,00) is too unreasonable.

2. Determination

A. 1) As to the assertion of mistake of facts, the statements of the persons involved in the case are as follows.

가) 피해자는 경찰에서 ‘ 피고인이 자신의 어깨를 손으로 잡고 바닥에 넘어뜨린 후 얼굴을 발로 걷어찼다’ 고 진술하였고, 원심 법정에서는 ‘ 술을 마신 상태에서 피고인에게 한 대 맞아서 넘어졌는데 머리를 바닥에 부딪치지는 않았고, 피고인이 넘어진 피해자의 얼굴을 발로 찼다’ 고 진술하여 피고인이 발로 얼굴을 걷어 차 안와 골절이 발생하였다는 취지로 진술하고 있다.

B) The Defendant, at the prosecution, went beyond the same force as the victim was boomed by booming with the victim, pushing ahead with him, and booming with him.

At the time, the full face side of the victim was faced with the floor, and the defendant was in excess of the floor.

Since then, the victims got out of the restaurant because they did not look back.

“The lower court made the statement.”

C) A police officer, who was dispatched to the site after receiving a report at the time, did not see the trace of assault against the victim, but the victim and the wife consistently met the Defendant’s face.