The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. The judgment of the court below which found the Defendant guilty of the facts charged of this case, by misunderstanding the facts and affecting the conclusion of the judgment, is erroneous in the misapprehension of the facts.

B. The punishment sentenced by the lower court (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. The judgment of the court below as to the assertion of mistake of facts is acknowledged based on the evidence duly admitted and investigated by the court below, namely, ① the victim made a statement that corresponds to the facts charged that “the defendant had the beer face while scaming the beer face” in the court below, ② corresponds to the victim’s statement even after witness I, J’s legal statement, site and photo and diagnosis of the victim, ② the defendant also acknowledged in the police that the victim scams the beer and scams the victim’s face, ③ the video photographs taken on the scene at the time of the instant case were taken to the degree of height of the table, but the defendant’s arms appeared to be fast, so it cannot be seen that the defendant inflicted an injury on the victim, not on the victim’s face, even on the face.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no illegality of misconception of facts alleged by the defendant.

B. In light of the fact that the Defendant alleged that the victim fabricated the evidence up to the trial of the court, and that the degree of injury the victim suffered is not less than that of the victim, and that the Defendant did not receive a letter from the injured party, and that the Defendant again committed the instant crime despite the history of the same kind of crime at several times.