Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

A. The Defendant of mistake of facts does not have any fact when he saw him as a balp with the victim.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination:

A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts: (i) the Defendant stated that the victim was admitted by her son during the process of spreading the prosecution investigation (as to the investigation record No. 193-194); (ii) when she appears at a distance of 10 meters, the Defendant and the victim were physically faced with each other; and (iii) the victim was employed by her marbling the body from the Defendant.

In full view of the fact that a sound of a sugar 20,77 of the Investigation Record was seen as the victim was standing, the victim was fighting, and the victim was fighting (No. 161-162 of the Investigation Record). H stated that the victim’s eye was fluored and was made a hole (No. 160 of the Investigation Record), and that I stated that the victim’s eye was fluored at the time (No. 173 of the Investigation Records). ③ The victim was issued a written diagnosis of the injury of this case on January 17, 2012, which is the following day after the return of Korea (No. 173 of the Investigation Records). In full view of the fact that the victim was fluord with another person at the time, the Defendant could sufficiently recognize the fact that the victim was injured as stated in the judgment of the court below, and this part of the Defendant’s assertion is without merit.

B. On January 21, 2012, the Defendant did not have any criminal record exceeding the fine, and appears from the Defendant’s side to have paid the victim’s medical expenses of KRW 699,540 on behalf of the victim (Article 131, 200-201 of the Investigation Records). A doctor G who issued the written diagnosis of injury of the instant case is eight weeks diagnosis.