A. Although the Defendant did not assault the victim, the lower court found the Defendant guilty of the facts charged, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. Even if the facts charged in the instant case are found guilty, the sentence (one million won penalty) imposed by the lower court on the Defendant is too unreasonable.

2. Determination

A. In the first written statement submitted to the police by the victim, the court below duly adopted and examined the argument of mistake of facts, namely, the victim stated that "the defendant stated that "the defendant was at the time of head and face to be raised again by blocking the windows and raising the windows." The police investigation stated that "when the defendant was cut off and cut off the windows more than twice, the defendant made the window and repeatedly, the defendant left left face at the police investigation" and the court of the court of the court below stated that "when the windows were cut off, the defendant raised and repeated the windows in the police investigation."

The court below stated that the defendant's windows were closed at one time, but the defendant's windows were not closed, and the defendant's face was sold at a cost when the windows were opened. As such, the victim stated relatively consistent in the circumstances and the contents of the assaulted by the defendant from the investigative agency to the court of the court below, and the explanation of the situation does not seem to be contradictory or unreasonable. As seen earlier, although the contents of the statement submitted to the police and the statement made by the police were partially different, the victim's credibility of the statement is not doubtful, and the victim's statement was not doubtful.