A. At the time of mistake of the fact, the Defendant only saw the victim’s breath, and did not see the victim.

B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts, the Defendant could sufficiently recognize the facts of assaulting the victim as stated in the judgment, so the Defendant’s assertion of mistake of facts is without merit.

① The victim, from the investigative agency to the court of the court below, at the time, stated that, due to the Defendant’s vehicle parked in a restaurant prior to parking of the victim’s wife and mother at the time, the victim demanded the Defendant to walk the phone and park parking. While under the influence of alcohol, the Defendant attempted to restrain the victim from taking the victim’s desire as stated in the judgment of the Defendant, and the Defendant was able to take the victim’s bath, and her face was flicked three times by hand. The victim’s above statement is consistent with a detailed statement about the situation at the time of the instant case, the background, method and attitude of the crime, and degree of the damaged part.

② Meanwhile, the Defendant also recognized the fact that he saw the victim’s breath with her hand at the time, which constitutes the “breath” as an exercise of force against the victim’s body.

B. Although there are no extenuating circumstances, such as the fact that the Defendant generally recognized and reflected the crime, and that the Defendant appears to have caused the instant crime in a state of drunk influence, the determination of the illegal assertion of sentencing was made, the instant case is on the other hand.