A. In fact-finding, the Defendant committed an error of mistake that found him guilty of the facts charged in the instant case by misunderstanding the fact, although G merely did not throw out a disturbance or cause a disturbance.

B. The lower court’s sentence imposing a fine of one million won is too unreasonable in light of the fact that the Defendant was treated as alcohol addiction, that is a basic livelihood recipient, and that there is a mental and behavioral disorder due to alcohol, etc.

2. Determination:

A. According to the evidence duly admitted and investigated by the court below on the assertion of mistake of facts, the court below is just in finding the defendant guilty of the facts charged of this case, and there is no error of misconception of facts as alleged above.

B. In light of the motive and background leading up to the instant crime, the circumstances before and after the instant crime, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, etc., including the fact that the Defendant was guilty of a criminal offense, the lower court’s punishment cannot be deemed to be unfair because it is too unreasonable even considering the circumstances alleged in the grounds for appeal. Thus, the aforementioned assertion on unfair sentencing is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.