A. Although there is a fact that the defendant misunderstanding the fact that he saws a flaps of victim D, he did not injure the face at the time of face.

B. The sentencing of the first instance court on the unfair sentencing (700,000 won of fine) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the first instance court as to the assertion of mistake of facts, the fact that the defendant, when considering the victim D's face at the time and place of the first instance court's ruling, caused the victim's injury to the left-hand side, the statement of the E's certificate (fact-finding certificate) submitted by the defendant in the trial is insufficient to reverse the above fact-finding and there is no counter-proof, and thus, the defendant's assertion of mistake of facts is rejected.

B. In full view of various circumstances, including the circumstance and motive leading the Defendant to the instant case, the attitude of committing the crime, the fact that the Defendant did not make any effort to recover from damage, and other circumstances, including the Defendant’s age, character and conduct, environment, occupation, and economic level, the sentencing of the first instance court on the Defendant cannot be deemed to be too unreasonable, and thus, the Defendant’s assertion on the unfair sentencing is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.