The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Summary of grounds for appeal;

A. The Defendant did not inflict any injury on the victim, and the victim did self-harm.

B. The punishment sentenced by the court below (two years of imprisonment) is too unreasonable.

2. Determination

A. In full view of all the following circumstances known by comprehensively taking account of the evidence duly adopted and examined in the lower court’s determination as to the assertion of mistake of facts, the fact that the Defendant inflicted an injury on the victim may be sufficiently recognized.

① The statements of the victim and the Defendant were partially identical with each other with respect to the Defendant’s act of keeping the victim out of the margin, and the fact that there was a difference from the shouldered glass on the floor at the time.

② The injured party has consistently stated in detail and consistently from the investigative agency to the court of original instance the circumstance in which the accused was paid, the location in which the accused and the injured party were the injured party, and the act in which the accused scam

③ On the other hand, the Defendant, while having smoked with the Defendant, she got a “suppression” voice from the Plaintiff while smoking, followed by the Defendant.

statement, that the victim had been behind the defendant's person, and that the victim had been provokingd.

There is no rationality of the statement, such as the lack of consistency in the statement, and the victim's failure to explain how to harm himself/herself in any way.

④ The part of the victim’s injury was the snow part of the snow, and the victim’s self-harm was likely to occur due to the concern of real name.

In light of the fact that it is difficult to see, the victim's self-harm and there is no motive to mislead the defendant, etc., the victim's statement may be trusted.

Therefore, the defendant's assertion that the judgment below erred by mistake of facts is without merit.

B. We examine the determination on the unfair argument of sentencing, and the crime of this case was committed by the Defendant with the glass cup, which is a dangerous article, and thus, the Defendant inflicted an injury on the victim’s eye.