A. There is no fact that there was neither interference with the victim D's business nor assault the victim F, as stated in the facts charged in the case of mistake of facts

B. The lower court’s sentence (5 million won of fine) imposed on the Defendant is too unreasonable.

2. Determination

A. According to evidence duly adopted and examined by the court below regarding the assertion of mistake of fact, and in particular, according to victim D or F’s consistent statement of damage that was present and testified as a witness at the court of original instance, the fact that the defendant committed a crime of interference with business and assault as stated in each of the facts charged in this case is sufficiently recognized.

Therefore, the defendant's above assertion is without merit.

B. Although there were favorable circumstances, such as the fact that the extent of the defendant's assault crime against the defendant in the judgment on the allegation of unfair sentencing was not excessive, the defendant appears to be a contingent crime under the influence of alcohol, and each of the crimes in this case was a crime that could have been tried at the same time as the previous crimes in the judgment of the court below. However, in light of the fact that the defendant denied each of the crimes in this case, did not seriously reflect the nature of the crime, the defendant was poor in light of the motive of the crime committed against the victim D, there were many violent crimes; the defendant did not have made efforts to recover victims' damage; the defendant did not have made efforts to recover the victims; the defendant did not have any special circumstances or circumstances that may be newly considered in sentencing after the sentence of the court below was issued; the defendant's character and conduct, environment, relationship with victims, motive, means and result of the crime in this case; and the circumstances after the crime, etc., the sentence of the court below against the defendant is reasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. As such, the defendant's appeal is without merit and Article 364 (4) of the Criminal Procedure Act is not reasonable.