A. The Defendant, at the time of the instant case, intrudes the victim’s office without the victim’s permission, but did not commit assault, such as cutting the victim’s timber.

B. The sentence imposed by the court below on the grounds of unfair sentencing (the fine of KRW 1,000,000) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, the lower court can sufficiently recognize the fact that the Defendant committed an assault, such as taking the victim’s timber at the time of the instant case.

Therefore, this part of the defendant's and defense counsel's assertion is without merit.

① 피해자는 수사기관에서부터 원심 법정에 이르기까지 ‘제가 당시 잠을 자고 있다가 답답해서 눈을 떴을 때 피고인이 제 목을 조르면서 저의 바지를 벗기려고 하고 있었다.’는 취지로 이 부분 공소사실에 부합하는 진술을 하였고, 그 진술의 전반적인 내용이 구체적이면서도 자연스러우며, 별다른 모순점도 발견되지 않아, 그 진술에 신빙성이 있다고 판단된다.

② On the other hand, the defendant found the victim's vehicle parked next to the victim's office, confirmed that the victim was locked through the window of the office, and then entered the office and went back to the victim, and the victim was broken, and there was a few talks about the victim's obligation and the defendant did not have any physical contact between the defendant and the victim at the time.

In this regard, the defendant had been invaded by the victim's office where the female victim was able to sleep by the female victim at four clocks of the new wall, and the victim had a counter-competence against the defendant by demanding the defendant's continuous repayment of debt at the time, and the defendant also has the victim due to the victim's default.