A. In the absence of a fact that the defendant was a witness in the interrogation and did not have the head of the victim due to the examination, and that the escape was inflicted by assaulting the victim and causing an injury, the court below convicted the defendant by misunderstanding the fact, and sentenced him to a guilty verdict.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Determination

A. In full view of the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the defendant can be recognized as having inflicted an injury by assaulting the victim as stated in the facts constituting the crime in the judgment below. The defendant's assertion of mistake of facts is without merit.

B. We examine the argument on unfair sentencing, and the court below sentenced a fine of KRW 500,000,000 by reducing the fine amount by one million won for the summary order. In full view of the following circumstances: the degree of damage caused by the instant crime, the victim’s appraisal of damage has not been resolved; the Defendant’s age, character and behavior, environment, the background and result of the instant crime; and the circumstances after the instant crime, etc., and the sentencing conditions specified in the proceedings and arguments, the court below appears to be appropriate, and there is no special change in circumstances to newly determine the punishment at the court below.

The defendant's assertion of unfair sentencing is without merit.

3. Therefore, 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. It is so decided as per Disposition.