A. The Defendant alleged a misunderstanding of facts did not assault the victim by taking advantage of the victim’s chests and grandchildren under each tree, which is a dangerous object, such as the facts charged in the instant case.

B. Even if the instant facts charged are found guilty, in light of the fact that the Defendant is old, the Defendant has no economic ability to pay a high amount of fine, and there is no record of punishment heavier than a suspended sentence for violent crimes, etc., the sentence imposed by the lower court (2 million won of fine) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court, such as the victim’s statement in the lower court’s court’s court’s judgment as to the assertion of mistake of facts, the fact that the Defendant assaulted the victim as stated in the instant facts charged can be fully recognized.

The defendant's assertion of mistake is without merit.

B. In full view of the fact that the Defendant committed the instant crime even though he/she had been punished several times as a violent crime, and the Defendant did not take measures for recovery from damage up to the trial, and all the sentencing circumstances indicated in the records and arguments of the instant case including the Defendant’s age, character and conduct, environment, motive, means, and consequence of the instant crime including favorable or unfavorable circumstances to the Defendant, the lower court’s punishment is too unreasonable even considering the various circumstances asserted by the Defendant as the grounds for appeal.

The defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.