The defendant's appeal is dismissed.

Inasmuch as the Defendant, at the time of filing a complaint, was aware that at the time of the charge, the Defendant did not intentionally take the part of the J, but caused the injury to the J at a defensive level, and thus, the Defendant did not have any awareness of the falsity of the facts of the appeal, i.e., the Defendant did not intend to make a false accusation.

The punishment sentenced by the court below (one year of imprisonment) is too unreasonable.

Judgment

The lower court’s determination on the assertion of mistake of facts and misapprehension of the legal doctrine is that the Defendant may fully recognize the fact that the J and I were not guilty and the criminal intent of false accusation.

The decision was determined.

Specific reasons are as follows.

① 피고인은 피고인에 대한 관련 형사사건( 수원지방법원 여주지원 2016 고단 1337호, 수원지방법원 2017 노 1202호, 이하 ‘ 관련 형사사건’ 이라 한다 )에서 “2016. 9. 16. 19:30 경 여주시 O에 있는 I의 주거지 앞에서 ‘I 이 이 새끼. 이야기 좀 하자. 너 가만히 안 둔다 ’라고 소리치면서 위 주거지 대문을 발로 걷어찼고, I의 아들인 J이 이를 제지하자 화가 나, 손으로 J의 목을 조르면서 밀쳐 J에게 약 2 주간의 치료가 필요한 목의 표제성 손상 등의 상해를 가하였다.

" Recognizing the fact that it was "," the conviction was finalized on September 5, 2017.

② In the relevant criminal case, J and I testified to the effect that “the Defendant was deadly aware of the J,” which was adopted as evidence of guilt as well as consistent with the facts recognized in the relevant criminal case.

③ On December 1, 2017, the head of the accusation and the head of the lower judgment on December 5, 2017, the phrase “ December 2, 2017” in the 8th sentence of the lower judgment is a clerical error in the phrase “ December 1, 2017.”

According to the statements made by the police, the defendant asserts that he was abused by I to the extent that he lost his mind, and that he was led out of Seodaemun by J.

However, if the defendant's above assertion is true, J around 19:16 September 16, 2016, and I.