A. Although the Defendant did not assault the Victim G at the time of the instant case, the lower court found the Defendant guilty of the instant facts charged. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. In light of the overall sentencing conditions of the instant case, the lower court’s punishment (one million won of fine) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances revealed by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the lower court may recognize the Defendant’s credibility in the statement of the victim G, which constitutes assaulting the victim G at the time and place indicated in the instant facts charged.

① After the occurrence of the instant case, the victim G stated that, at the time of the occurrence of the instant case, the victim G made a detailed explanation to the investigative agency, stating that he/she was the president by stating that he/she was “assumed in the front land”. The victim’s description of the offender’s appearance and position as the victim stated is identical with the actual Defendant.

② Victim G made a statement to the effect that there were many persons other than the Defendant at the scene at the time of the lower court’s trial, but the Defendant was clearly identified in terms of age change with the Defendant, and is persuasive in the statement as to the reasons for memory of the Defendant.

③ At the time of the first investigation by an investigative agency, the Defendant made a statement that there was no fact at the scene at the time of the instant case, and later changed the statement that he arrived at the scene at the latest, while I made a statement that he viewed the Defendant on the spot on the day of the instant case. Even according to the Defendant’s mobile phone call details, the Defendant could recognize the fact that he made a telephone conversation in the vicinity of the criminal scene at the time of the instant case

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

B. The assertion of unfair sentencing.