A. The Defendant misunderstanding of facts only pushed the victim's chest who intends to fighting, and did not have the intention of assault.

B. The sentence sentenced by the lower court (four months of imprisonment, one year of suspended sentence) is too unreasonable.

2. Determination

A. According to CCTV images in which the case on the assertion of mistake of facts was taken, it is confirmed that the defendant, A, and B are in the face of the victim, the victim, and the victim (employee). The defendant was sealed the victim's chest, which the defendant was living alone, with the victim, and the victim was pushed down, and the employee who was living behind the victim was pushed down and pushed down with the victim's right part of the defendant's right part of the blue. According to the above images, the defendant was sufficiently recognized as being the victim of the assault rather than for the fighting, and therefore, the defendant's assertion of mistake of facts is without merit.

B. In full view of the records of the Defendant’s criminal act, the denial of the offense, and the misunderstanding of the error of the Defendant, the victim’s punishment is sought, and all other sentencing conditions shown in the records and arguments in this case, the sentence imposed by the lower court is deemed appropriate and is too unfair, and thus, the Defendant’s wrongful argument in sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.