All the costs of the original judgment and the trial shall be borne by the defendant.

A. The judgment of the court below which found the defendant guilty of the facts charged in this case without assaulting the victim D, is erroneous in the misapprehension of the facts which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Determination

A. The Defendant asserted that the above mistake of facts is identical to the above assertion of mistake of facts, and the lower court rejected the above assertion based on the evidence duly admitted and investigated, and found the Defendant guilty of the facts charged in this case.

In light of the following circumstances revealed through the above evidence, the victim's statement was consistent with the Defendant's assault from 112 declaration to the court of the court below, and the victim's statement is consistent with the CCTV image. Thus, the victim's statement that corresponds to the facts charged is deemed to be reliable. Thus, the judgment of the court below is just and acceptable.

B. In full view of the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, circumstances after the crime, degree of damage, etc., the Defendant’s punishment is too unreasonable, and thus, the Defendant’s assertion on this part is not acceptable, on the ground that the lower court’s punishment is too unreasonable, in light of the following: (a) the Defendant did not appear to be against the instant crime; (b) the Defendant did not make any effort to recover damage to the victim; and (c) the Defendant’s complaint against the victim was brought on the victim

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit. The court below and the court below's decision are made in accordance with Articles 191 (1), 190 (1) and 186 (1) of the Criminal Procedure Act.