A. The Defendant did not assault the victim.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (700,000 won of a fine) is too unreasonable.

2. Determination

A. In full view of the following facts duly admitted and examined by the court below as a whole in regard to the assertion of mistake of facts, the defendant may fully recognize the fact that the defendant has abused the victim as stated in the facts charged in this case.

Therefore, the defendant's assertion of mistake is without merit.

(1) A victim made a relatively consistent and concrete statement from an investigative agency to the court below’s trial.

In particular, there is no change in the statement to suspect the credibility of the statement with respect to the part of the victim who was assaulted by the defendant while the victim took a dynamic image with a cell phone.

As pointed out by the defendant, the victim did not mention the assault before photographing a mobile phone.

However, the statement is only a brief statement of the case, and the victim is aware that it was more important for the victim to take a video image, and only the part is likely to have been recorded, and the victim specifically explained in the investigative agency that the defendant was willing to take a dynamic image, and the reason why the victim was able to take a dynamic image after pushing ahead of the left side, and the victim is not clear in the court of the court below as to the violence before and after taking a dynamic image, but clearly stated that the fact that the defendant was tightly two times in total was a victim. D is limited to the victim and D in the court of the court below that the victim stated that the victim was an assault from all the defendants before and after taking a dynamic image image.