A. The court below found the defendant guilty, although the defendant misunderstanding of facts did not interfere with the operation of the victim D's restaurant by fighting with F and the body of the F as stated in the facts charged or breaking the smaller's disease on the floor, it erred in the misapprehension of facts, thereby affecting the conclusion of the judgment.

B. In light of the overall circumstances of the instant case of unfair sentencing, the sentence imposed by the lower court on the Defendant (one 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 victim D fights with each other, as in the process of disputing with the female customer who the Defendant was a female customer at an investigative agency, and the Defendant stated that it was difficult to keep the Defendant out of the disturbance by putting one small-scale disease on the floor of the table; (ii) the above D was old in the lower court court court court, but it did not have a strong memory, but the F was able to take a view of the fact that the Defendant and the female (F) who had been at that time were trying to come up with the Defendant; and (iii) the Defendant was unable to say that the Defendant was spawn with the Defendant on the floor, and that it was difficult to view the credibility of the testimony at the time and time of the instant case to the effect that the Defendant was spawn with other visitors, and that there was no specific difference between the Defendant and the Defendant’s testimony at the time and time, in light of the fact that the testimony at the time and time of the instant case was made difficult.