The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant did not injure the victim’s head debt and did not injure the victim’s head face when she gets her head.

The defendant attempted to cover the victim and the victim was injured in the course of avoiding it, and there was no intention of injury.

B. The punishment of the lower court is heavy.

2. Determination

A. Comprehensively taking account of the evidence examined in the lower court’s argument of mistake of facts, the following facts and circumstances are recognized.

The fact that the defendant has inflicted an injury upon the victim may be recognized based on this.

① At the investigative agency and the court below’s court, the victim consistently stated that “the Defendant sustained the instant injury in consideration of the trace of the victim’s head collection on the day of the instant case’s head and face being drinking.”

However, with regard to the circumstances that the victim had taken in the room on the day of the instant case, the investigative agency "I rhyth female body and rhythr it in the house with the doping of the church that the low female will come into the house, and assault the low female by doing so.

Although the court below stated ", there is no further fact in the court of original instance."

I, “I want to go to go to the State”, “I will go to the State.”

".........................."

However, considering the fact that the victim is older than 70 years old, and that the examination of witness was conducted at the time when one year has elapsed since the occurrence of the case, there is only difference in memory that can be understood. The victim's statement on the facts charged can be trusted.

② At the time of the instant case, the victim reported 112 that the Defendant was seated, and the police called the Defendant and arrested the Defendant as the current offender.

According to the current arrest letter prepared by E by the police officer affiliated with the Seoul Suwon Police Station, who was called to the arrest site at the time, the defendant and the victim were in the corridor because they arrive at the site after receiving a report, and the defendant was in the victim, and the defendant was in the victim's off of clothes.