The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The judgment of the court below which recognized that the defendant suffered injury by taking the victim into consideration each item of the victim was erroneous in the misapprehension of legal principles, although the defendant did not have committed a mistake of facts as to the victim.

B. The lower court’s imprisonment (six months of imprisonment) against the Defendant is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, the Defendant may sufficiently recognize the fact that the Defendant inflicted an injury on the victim under each item, and the Defendant’s assertion of mistake of facts is without merit

1) The victim made a statement to the effect that “I am out of the victim, I am out of the victim, when I am out of the victim, and the defendant am out of the victim’s head and sloping” (the trial record 36-38 pages, 74-76 pages, 74-76 pages), and the content of the damage are relatively specific and detailed, and it is reasonable to explain the situation. 2) At the time of the instant case, E, while I am am out of the victim with the victim, stated to the effect that “I am out of the victim and am out of the victim’s face, I am in the Seodaemun-gu floor” (the evidence record 23-24 pages), “I am out of the victim and am out of the victim’s face, I am out of the victim, and I am out of the victim’s face, I am out of the trial record, and I am out of the trial record (the evidence record 47).”

However, E is between the defendant and the family (Evidence Nos. 22, 29, 78), and G are the defendant.