The sentence of sentence shall be suspended for the defendant.

A. Although there was no fact that the defendant in mistake of facts assaulted the victim E (hereinafter “victim”), the court below convicted the defendant of the facts charged in this case on the basis of the victim’s statements, F and G with no credibility and the victim’s injury diagnosis report, etc., the court below erred by misapprehending the facts in violation of the rules of evidence and thereby affecting the conclusion of the judgment.

B. The sentence of an unreasonable sentencing (the fine of KRW 800,000) imposed by the lower court is excessively unreasonable.

2. Determination

A. In light of the following circumstances, which are recognized by the court below as being duly admitted and investigated by mistake of facts, the defendant may sufficiently recognize the fact that the defendant inflicted an injury by assaulting the victim as stated in the judgment below, and the above argument by the defendant is without merit.

(1) The victim made a statement to the effect that, until the investigative agency and the court of the court below, “the defendant is working in a marriage hall due to the defendant’s day, and he reports to the police with a Handphone, the defendant’s hand-on and hand-on, which he used in the hand-on phone, come back later, and Handphones down on the floor,” and made a relatively consistent and concrete statement as to the defendant’s developments and method of assault.

(2) In the investigative agency and the court below’s decision that “F as a member of the marriage hall of this case, with the victim’s Handphones and booms the victim’s Handphones by force, and Handphones fall under the floor,” as stated respectively in the court of the court below that “F and G’s statements are consistent with the victim’s above statements.”

(3) Of the statements made by the victim, F, and G, whether the direction of the Defendant, prior to the locking of the victim is right or right, etc.