The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The fact that the Defendant, by mistake of fact, assaults the victim, was recognized, but the victim's son was not broken due to the Defendant's assault, but was already broken before the occurrence of the instant case.

B. The sentence sentenced by the court below to the defendant (4 months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following facts and circumstances admitted by the lower court and the appellate court based on the evidence duly admitted and investigated by the lower court, the Defendant may be admitted as having inflicted an injury on the victim, such as a brupt, and thus, the Defendant’s assertion of mistake is rejected

1) On May 16, 2015, the victim E consistently suffered from an investigative agency to the lower court’s court’s trial by suffering from bodily injury, etc., by drinking face from the Defendant in a large number of times from the Defendant in a large game room.

F At the time of statement (No. 1, No. 26, No. 26, No. 10, No. 31, No. 31 of the trial record), the witness F, the witness of witness at the time of the trial, was present at the court of original instance and the police officer arrived at the court of original instance, and the victim E, the victim E, who

Mase and shows fellings

G, a game room business owner, was present at the court of appeal as a witness, and the victim was spawn due to spawn's illness, and the victim was spawned, but the defendant and the victim was spawn immediately after the fighting.

was stated.

3) When considering the above witness’s legal statement and damage (as evidence No. 2, No. 7 of the evidence record), the medical certificate (as evidence No. 2, No. 15 of the evidence record), etc., the victim’s above statements are credibility.

B. The fact that the criminal defendant, who was improper in sentencing, paid part of the amount to the victim for treatment expenses, and that equity should be considered with the case of judgment at the same time with the final judgment, is favorable to the defendant.

However, the degree of injury of the victim is not somewhat weak.