Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

A. Unlike the facts of the instant case of mistake of facts, the Defendant only took the victim’s face at one time, and the lower court erred by misapprehending the facts.

B. The lower court’s sentence of an unreasonable sentencing (basic million won) imposed on the Defendant is too unreasonable.

2. Determination

A. A. We examine the argument of mistake of facts, i.e., the following circumstances acknowledged by the evidence duly adopted and investigated by the court below: ① some of the victim’s statement is deemed to have been distorted; however, with respect to the criminal facts acknowledged by the court below, the victim has made a statement corresponding thereto from the investigative agency to the court of the court below; in particular, the victim, who was dispatched to the scene immediately after the case, made a statement to the police that he had been seated on seven occasions in a way that the defendant satise the face; ② the police sent to the scene immediately after the case, after the damage was inflicted, made a statement that he was highly reliable with the victim’s memory when satisfying; ② the defendant sent the victim two times as drinking at the police station (see internal investigation report); ② the victim was asked at the police station at the police station at one time; ⑤ the victim’s statement to the effect that part of the victim’s statement complies with the victim’s statement, and ④ the victim was satisfyd with the victim’s complaint and the victim’s complaint.