A. Although there was no mistake of fact that the Defendant inflicted an injury on the victim, the judgment of the court below which found the Defendant guilty of this part of the facts charged was erroneous and adversely affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (fine 1,00,000) is too unreasonable.

2. Determination

A. 1) Regarding the assertion of mistake of facts, the degree of formation of a conviction in a criminal trial should not be reasonably doubtful. However, it does not require all possible doubts to be excluded, and rejection of evidence recognized as probative value is not allowed as exceeding the bounds of the principle of free evaluation of evidence. If the witness’s statement is consistent in the main part, the credibility of the witness’s statement is not arbitrarily denied (see, e.g., Supreme Court Decision 2008Do1212, Aug. 20, 2009) on the basis of the above legal principles. However, considering the evidence duly adopted and examined by the court below, the victim’s statement is relatively consistent with the following circumstances, i.e.,,, the victim’s statement that the defendant suffered injuries by his assault from the defendant since the police to the court below (see, e.g., Supreme Court Decision 2008Do1212, Aug. 20, 209). 2)