The defendant's appeal is dismissed.

Summary of Grounds for Appeal

가. 사실오인 및 법리오해 피고인은 고의로 피해자를 향하여 병을 던진 것이 아니고, 바닥에 병을 던졌는데 그 유리파편이 피해자의 발목에 튄 것일 뿐이며, 피해자가 입은 상처는 극히 경미하여 이를 ‘상해’라고 볼 수 없음에도, 이 사건 공소사실을 유죄로 인정한 원심에는 사실오인 및 법리오해로 인하여 판결에 영향을 미친 위법이 있다.

B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. Regarding the assertion of mistake of facts and misapprehension of legal principles, the following circumstances acknowledged by evidence duly adopted and examined by the court below and the court below, namely, ① the distance between the point where the defendant and the victim existed, but according to CCTV images in which the crime scene of this case was taken, the defendant was suffering from an illness while viewing the side of the victim, and the victim was in the vicinity of the point where the disease was fallen, and there was another person besides the victim. The defendant was sufficiently predicted that he was able to fry the free-frequency of the victim, and that there was no negligence on the part of the victim, and that the defendant was at least flick intention of the victim. ② The victim was suffering from a large amount of transfusions in the part of the victim's hair adjacent to glass wave, which is extremely minor enough to recover nature within a short time, and that the defendant's physical condition was not affected due to the change of the victim's body or mental condition, making it difficult to flick the victim's physical condition.