A. Although there is a fact of misunderstanding of facts at the time and place indicated in the facts charged in this case where the defendant scams of the victim who scams on one occasion at the time and place indicated in the facts charged, there is no injury as stated in the facts charged by the victim due to the victim’s left side buckbucks and the scambuck scams as stated in the facts charged, and there is no fact of impairing the victim’s honor by pointing out false facts with the same circumstance as the facts charged at the above time and place, the court below concluded that the defendant committed the injury and defamation as stated in the facts charged in the judgment of the court below. Thus, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the Defendant (a fine of four million won) is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the court below as to the assertion of mistake of fact, the defendant assaulted the victim as stated in the court below's decision and inflicted injury on the victim as well as damaged the victim's reputation by pointing out false facts as stated in the court below's decision. Thus, this part of the defendant's assertion is without merit.

B. We examine the judgment on the assertion of unfair sentencing; each of the crimes of this case committed by the Defendant, in light of the course, contents, means, methods, and result, and the part and degree of the injured party’s injury, etc., the nature of the crime is not less than that of the injured party. Nevertheless, even at the time of the closing of argument in the trial of this case, the victim did not have agreement or complete recovery from damage; and in full view of various other circumstances, including the Defendant’s age, character and behavior, intelligence and environment, and circumstances after the crime, etc., as indicated in the argument in this case, the lower court.