A. The court below found the defendant guilty of the facts charged in this case by misunderstanding the facts and affecting the conclusion of the judgment, although the defendant was merely an assault by the victim, and did not assault the victim as stated in the facts charged in the judgment below.

B. The sentence (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. The grounds of appeal on the assertion of mistake of facts are the same as that of the defendant's defense at the court below, and the court below found the defendant guilty of the facts charged in this case on the ground that "the statement about the damage of the victim is consistent and reliable from the investigative agency to the court below. In particular, the part of the victim's statement that the victim's statement was in a state that the damage was caused by the defendant's appearance beyond the chemical team may be confirmed by the video CD (40 seconds to 48 seconds) and the victim's statement in the video CD (on the face of the victim's assaulting the defendant (on the face of 40 seconds to 48 seconds), the victim's appearance in the video CD (on the face of 40 seconds to 48 seconds), and the statement made by the defendant and the victim, etc. before and after the above

If the evidence duly adopted and examined by the court below is examined in light of the records of this case, the above judgment of the court below is just, and there is no error of misconception of facts as alleged by the defendant, and thus, the defendant's assertion of mistake of facts

B. The Defendant’s decision on the assertion of unfair sentencing does not seem to have shown good faith, such as denying the instant crime; the Defendant has been punished twice due to violent crimes; there is no special change in circumstances to change the sentence of the lower court after the sentence of the lower judgment, such as restoration of damage or agreement; and otherwise, the Defendant’s age, environment, character and conduct, and crime.