A. In fact-finding, the Defendant merely string the shoulder of the victim under the influence of alcohol and returned to the house, without breaking the victim’s hand, and even if the Defendant and the victim were to have tightly attached, it cannot be deemed that there was an intentional assault against the Defendant.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged in this case on different premise is erroneous and adversely affected by the judgment.

B. In consideration of various circumstances on the Defendant’s grounds of unfair sentencing, the lower court’s punishment (the fine of KRW 1.5 million) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the court below based on the evidence duly admitted and investigated by the court below regarding the assertion of mistake of facts: ① The victim G was identified as “A (the identity of the victim cannot be known)” as the perpetrator at the time of reporting to the police on October 21, 2012, which was the following day after the occurrence of the instant case, to the effect that the perpetrator was exposed to the defendant consistently until the court of the court below (the four pages report, eight pages statement, and the police statement against the victim), ② The victim was the victim’s personal behavior on the part of the defendant at the time of the instant case to the court of the court below, and the victim’s statement was made to the effect that the victim was not exposed to the police after causing the victim’s personal appearance and remaining together with the victim’s personal appearance in the process of gathering and gathering the victim’s personal appearance without permission from the investigation agency to the court of the court of the court below.