A. The judgment of the court below that found the Defendant guilty of the facts charged of this case on the sole basis of the victim’s statement with no credibility despite the fact that the Defendant did not assault the victim C.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 300,000 won) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below regarding the assertion of mistake of facts, namely, ① the details and details of the assault in this case, the victim’s statement concerning the situation before and after the damage is specific and highly detailed, the explanation of the situation is reasonable, ② the witness F has made a statement that he was unable to satisfy out of the time of the instant case, and the fact that the Defendant used the victim’s satisfy as indicated in the judgment of the court below is sufficiently recognized.

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

B. As to the Defendant’s assertion of unfair sentencing, there is no criminal conviction or heavier than a suspended sentence, and the extent of damage caused by the instant crime is relatively minor, etc. favorable to the Defendant.

However, the defendant's denial of the crime of this case does not reflect the victim's consent or failure to recover from damage, and the defendant has the criminal records punished by a fine three times as a crime of the same kind of violence, etc. that are disadvantageous to the defendant.

In addition, considering the motive and background of the crime, the circumstances after the crime, the age, career, character and conduct, environment, etc. of the defendant, the sentence of the court below is too unreasonable.

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

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