A. During the misunderstanding of facts that the victim D had talked with the Defendant, the Defendant’s clothes are teared, and the Defendant only marbling the floor, but did not use any physical power on the part of the Defendant.

Nevertheless, the court below found the defendant guilty of the facts charged by reliance on the testimony of the victim without credibility and the witness F of the court below.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is excessively unreasonable.

2. Determination

A. The following circumstances, which are acknowledged by comprehensively taking account of the evidence duly adopted and examined at the court below's decision on the assertion of mistake of facts, i.e., ① the victim suffered bodily injury as stated in the judgment of the court below by assaulting the victim who refused the request, demanding that the victim continue to drink his/her clothes from the investigative agency to the court of the court below, and destroying the victim's satisfy, etc. during the occurrence of the incident; ② the witness F at the time of the court below at the time of the occurrence of the case also stated that the defendant would be faced with the victim's face by satisfying the victim's face, ③ the defendant also stated that there is a fact that the victim faces the victim's face by hand at the investigative agency (32 pages, 33 of the investigation record). ④ The victim's intent to have the victim interfered with the victim's statement at the time of the investigation agency and the victim's intent not to have been sold to the defendant at the time of the investigation agency.