The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for six months.

However, from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. In full view of the evidence submitted by the prosecutor (1) by the prosecutor, the judgment of the court below which acquitted the Defendant of this part of the facts charged, even if the Defendant sufficiently recognized that the Defendant inflicted injury on the victim as stated in the facts charged of this case, is erroneous in the misapprehension of

(2) Legal principles are erroneous and the facts charged in the instant case are not sufficiently proven.

In light of the above, the court below should be found guilty of the assault crime in relation to the above injury crime, since it is sufficiently recognized that the defendant committed assault by the victim due to the defendant's partial statement in the court below, etc.

Nevertheless, the judgment of the court below that acquitted all of the facts charged is erroneous in the misapprehension of legal principles as to the recognition of reduction.

B. The six-month imprisonment sentenced by the lower court is too unreasonable.

2. Determination:

A. The lower court determined as to the prosecutor’s assertion of mistake of the facts, but it was consistent from the police to the court of the lower court that the Defendant, as consistent from the police to the court of the lower court, left the victim’s locked mother by hand over the road floor. However, the Defendant did not pay attention to drinking.

The defendant's second police statement is completely consistent with the defendant's defense counsel, and it is clear that the victim made a statement different from the above facts at the time of the above statement, and thus, the defendant's defense counsel and the victim's above statement are reliable. The victim's first time police statement, prosecutor's statement, part of the court statement, and the victim's statement to the purport that this part of the facts charged are consistent with this part of the facts charged cannot be easily believed, and in light of the victim's first time police statement, prosecutor's statement, part of the court statement, and the victim's injury part of the medical certificate of injury, etc., it cannot be acknowledged that the defendant's injury like the facts charged of this case occurred