A. The Defendant was not guilty of assaulting the Victim S.

B. The punishment sentenced by the lower court (an amount of five million won) is too unreasonable.

2. Determination

A. The following circumstances, which are acknowledged by comprehensively taking account of the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, i.e., the victim S was assaulted by the police as stated in the facts charged by the Defendant.

The defendant, who has made a simple statement and seems to be difficult to do so without direct experience, has made a statement by specifically memorying the behavior, surrounding circumstances, etc. at the time, and has credibility in such statement.

In light of all the circumstances, such as the fact that the victim's tear photograph is supported by the victim's statement, the defendant can be found to have committed each assault against the victim S.

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

B. In light of the favorable circumstances, such as the fact that the defendant suffers from mental illness such as early illness, etc., or the fact that the defendant has the record of criminal punishment for the same kind of crime, etc., the sentence imposed by the court below is judged to be appropriate and is too unreasonable, and thus, the defendant's wrongful assertion of sentencing is not justified.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.