A. The Defendant’s act of mistake of facts was not to the degree of interference with business and did not cause disturbance as stated in the facts charged.

Rather, the victim assaulted the defendant to avoid selling alcohol to the defendant and inflicted an injury, and the court below which found the defendant guilty of the facts charged of this case erred by misunderstanding the facts, which affected the conclusion of the judgment.

B. In light of the background leading up to the Defendant’s instant crime, etc., the lower court’s punishment (two million won of fine) is too unreasonable.

2. Determination

A. The defendant alleged the same purport as the grounds for appeal of this case in the court below, and the court below rejected the above argument in detail under the summary of evidence of the judgment. In light of the above judgment of the court below compared with records, the judgment of the court below is just and it is not erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

Therefore, the defendant's assertion of mistake is without merit.

B. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle on the assertion of unfair sentencing, ought to respect the determination of sentencing in a case where there exists a unique area of the first instance court as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and the first instance court’s

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and comprehensively taking account of all the factors indicated in the records of this case, the lower court’s sentencing is too unreasonable to have exceeded the reasonable scope of discretion.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed as it is without merit.