A. At the time of misunderstanding the facts, the Defendant had the intention to deduct the victim’s fingers from entering the Defendant, but the injury inflicted on the victim is irrelevant to the Defendant’s act, and the victim was committed in the process of inserting the fingers into the Defendant’s entrance and shaking.

Nevertheless, the court below found the defendant guilty of the facts charged by reliance only on the statements made by the victim with no credibility. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (fine 1.5 million won) is too unreasonable.

2. Determination

A. The first instance judgment on the assertion of mistake of facts is based on the evidence duly adopted and investigated by the court below, i.e., the following circumstances acknowledged by the evidence: ① in light of the victim’s upper part and degree of injury, it is difficult to regard the victim’s injury as the upper part of the victim’s injury merely by inserting the victim’s finger in the Defendant’s entrance; ② in the process, there was a dispute between the Defendant and the victim at the time, and during that process, the victim paid the Defendant’s wound on the part of the Defendant’s entrance. However, it is recognized that there was no other act that the Defendant was suffering from the victim’s finger in addition to the Defendant’s shoulder, and ③ the Defendant was unilaterally assaulted by the victim at the time.

In light of the fact that it is difficult to see the defendant's act as a mere attempt to avoid an attack by the victim, as stated in the facts charged, it can be sufficiently recognized that the defendant inflicted an injury on the victim by shouldering the victim's left hand as soon as possible, and thus, the court below's judgment of guilty of the facts charged is just and it does not affect the judgment of the court below because the evidence submitted by the defendant in the trial alone does not affect the judgment of the court below.