A. The judgment of the court below which found the defendant guilty of the facts charged of this case, which affected the conclusion of the judgment by misunderstanding the facts, even though the victim was not injured by the defendant's stick and heading in the process of carrying the defendant's stick, etc., due to the occurrence of vision between the defendant and the victim of mistake of facts, although the victim was not injured by the defendant's stick, etc.

B. The lower court’s sentence (700,000 won of fine) imposed on the Defendant is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, namely, the defendant himself stated that there was a dispute with the victim due to the concession of the way, and the victim stated that the victim caused the victim's left arm's length, right shoulder, face part of the sports head in violation of the police, and the victim caused the victim's injury to the victim as a stick. The crime of this case occurred at the main apartment 101-dong, main apartment 101-dong, main apartment 101-dong, which was around the main apartment 101-dong, which was the crime of this case, was taken in possession of stick, and the defendant was taken in possession of stick, the victim's left arm's length, right shoulder, face part, and face part, etc., it can be sufficiently recognized that the defendant inflicted injury on the victim as stated in the judgment of the court below.

Therefore, this part of the defendant's argument is without merit.

B. Although there are extenuating circumstances, such as the Defendant’s age 78 at the time of the instant crime and the fact that the Defendant was economically lacking as a basic recipient of livelihood, the Defendant again committed the instant crime despite the fact that he/she had been punished for violence on three occasions, and the victim also committed the instant crime.