A. When misunderstanding of facts, the Defendant was under the influence of alcohol and did not use violence against the victim.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (1.5 million won of a fine) is too unreasonable.

2. Determination

A. The following circumstances are the same as the court below's legitimately adopted and examined evidence, which are acknowledged by these evidence: (i) the defendant's person (K, L, and M) who observed the fighting of the victim and the defendant at the time of the instant case committed an assault against the defendant first, and the defendant stated that he was satisfed by the defendant (Evidence No. 10 pages); and (ii) the defendant stated in the police investigation that the defendant was satisfying three to four soldiers at the time of the instant case and was satisfy and unsatisfying the process of fighting with the victim at the time of the instant case (Evidence No. 37 pages of the evidence record). In light of the fact that the defendant's satisfying the victim D by assaulting the victim, the defendant's assertion of misunderstanding of facts is not accepted.

B. The lower court sentenced a fine of KRW 1.5 million to the Defendant, taking into account the circumstances unfavorable to the Defendant and favorable circumstances.

There is no circumstance that the lower court’s determination of sentencing exceeded the reasonable bounds of discretion when comprehensively taking into account the following factors: (a) conditions for sentencing in the trial; (b) the fact that no agreement has been reached with the victim until now; (c) the applicable sentencing guidelines; or (d) it is recognized that maintaining the lower court’s determination of sentencing is unreasonable.

In addition, even if the circumstances and results of the instant crime were to be considered after the commission of the crime, the age, character and conduct, environment, etc. of the Defendant, the sentence of the lower court is appropriate and too.