A. The Defendant did not know about E at the time of the instant case and did not insult the victim G to E.

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. Even if the Defendant was guilty of unreasonable sentencing, in light of the background and degree of the Defendant’s crime, etc., the sentence imposed by the lower judgment against the Defendant is too unreasonable.

2. Determination

A. Determination E on the assertion of mistake of facts has consistently stated the following: (a) the process and time and place of meeting the Defendant at the time of the instant case, the process and the contents of conversation, which had been divided by the Defendant at the time; and (b) there are no special circumstances to suspect the credibility thereof.

On the other hand, in the police investigation, the Defendant stated that he did not know E at the time of the instant case, and even though he stated that he was aware of his memory, the consistency in the statement seems to be insufficient.

The witness J’s statement in the trial of the trial court that E found the Defendant after the instant case and attempted to mislead the Defendant is merely a transfer from the Defendant.

Therefore, the court below's finding the guilty of the facts charged of this case based on E's statement is just and there is no error of mistake of facts.

B. Although there are favorable circumstances such as the Defendant’s absence of any means to impose criminal punishment on the Defendant on the assertion of unfair sentencing, the fact that the Defendant still denies and does not oppose the crime, the nature of the crime in light of the content of the instant crime, and the fact that the agreement with the victim was not reached is unfavorable.

In this context, considering the various circumstances shown in the records and arguments such as the character and character of the defendant, the sentence imposed by the court below is too vague.