A. Although there was a fact that the Defendant, while making a verbal dispute with the victim, harming the victim, the Defendant abusedd the victim on several occasions as stated in the facts charged in the instant case, and inflicted injury on the victim.

Despite the fact that there was no fact that the victim was aware of or damaged, the lower court erred by misapprehending the facts, thereby finding the guilty of all of the facts charged in the instant case.

B. The sentence imposed by the lower court (two million won of fine) is too unreasonable.

2. Determination

A. In regard to the assertion of mistake of facts, the Defendant asserted the same purport as this part of the grounds for appeal. However, the lower court rejected each of the charges of this case against the Defendant on the sole basis of the evidence duly adopted and investigated by the lower court, namely, E’s investigation agencies that were at the scene of the victim and E, and the victim’s awareness pictures that were not known, and rejected all of the charges of this case.

In comparison with the records, a thorough examination of the judgment of the court below is conducted, and further, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below and this court can be fully recognized as the facts that the defendant inflicted bodily injury on the victim by assaulting the victim and damaged the victim's awareness. Thus, the judgment below which found the defendant guilty of each of the charges of this case did not err by misapprehending the legal principles.

Therefore, the defendant's assertion of mistake is not accepted.

(1) The victim consistently states in the instant complaint the same purport as indicated in the facts charged from the date of the instant complaint to the original trial.

On the other hand, the defendant's statement is difficult to believe that it is doubtful as follows.

Doshed the victim was examined at the Chungcheong Central Hospital on the day of the instant case, and the result was examined.