The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

가. 사실오인(2018고단1805 특수폭행) 피고인이 피해자 D과 실랑이를 하던 중 피해자의 얼굴을 할퀸 사실은 있으나, 각목으로 피해자를 때린 사실이 없고 피해자를 향해 대리석을 던진 사실도 없다.

B. The Defendant had weak ability to distinguish things or make decisions under the influence of alcohol at the time of each of the instant crimes.

C. The lower court’s imprisonment (one year and six months of imprisonment) against the Defendant is too unreasonable.

2. Determination

A. According to the records of this case’s determination of mistake of facts, the following facts can be recognized.

1) The main contents of the statement made by the victim D from the investigative agency to the court below are as follows. ① The victim first prepared by the investigative agency after the crime of this case is as follows: ② The victim stated at the police after two hours from the time of the crime of this case that “the defendant was able to take care of a tree,” and that “the defendant was able to take care of a proxy seat located next to the place where the defendant was located in his office in China,” and the victim stated at the time of this case that “at the time of the crime of this case, the defendant was able to take care of a proxy seat at the place where the defendant was located in China.” At the time of the crime of this case, the victim appeared at the police station 6 days after the date of the crime of this case and stated at the court below that “at the time of the crime of this case, the victim was able to take care of the proxy seat at the place where the defendant was located in China.” In addition, the victim made a statement at the center of this case to the effect that “the victim was present at the Corporation 2.”