The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant was aware of the fact that the victim was under the influence of alcohol and did not have any intention to assault the victim, who was a victim of a misunderstanding of facts, merely sealed the victim to return to the house because of the same as the victim was under the influence of alcohol.

Therefore, even if the defendant did not have the intention of assault, the judgment of the court below which convicted the defendant of the facts charged of this case is erroneous.

B. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. Determination

A. In the crime of assault or bodily injury resulting from a mistake of fact, the assault committed by a person who has committed an offense of assault or bodily injury is an abuse of force against a person’s body.

피고인은 수사기관에서 ‘피해자가 제 앞에서 술에 취해서 얼쩡거리니까 조금 짜증이 나서 살짝 밀쳤다’(증거기록 제237쪽), ‘피해자와 막걸리를 나누어 마시고 다른 사람들이 장기를 두는 것을 구경하였는데 피해자가 자꾸 자신을 쫓아다녀서 귀찮아서 술을 마셨으니 그만 집에 들어가라고 하면서 피해자의 어깨 부위를 밀쳤다’(증거기록 제270쪽)고 진술하였고, 원심 법정에서도 이 사건 공소사실을 모두 인정한다고 진술하였다.

According to the above Defendant’s statement, it is reasonable to view that the Defendant had the intent to drive the Defendant under the influence of alcohol, and even if the Defendant had the intent to bring the victim into the house, such as the Defendant’s assertion, even if he had the intent to bring the victim into the house, it is reasonable to deem that the Defendant had the intent to use the victim’s shoulder to force the victim’s physical force.

The Defendant reversed his confessions, and in light of the contents of the statements since the above investigation agency, the Defendant, who was sentenced to imprisonment with prison labor different from what was anticipated in the lower court, was under the statutory detention, was the intention of assault.