A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

A. The defendant of mistake of facts is only a fact that the victim gets a victim to prevent him from spreading the face of the defendant, and does not have assaulted the victim as stated in the facts charged, and the court below convicted the defendant. The court below erred in the misapprehension of facts.

B. The sentence imposed by the court below on the defendant (two million won of fine) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the victim D consistently states the fact of damage from the investigative agency to the court below's court, and there is no contradiction in the statement, G and E's statement conforms to the above victim's statement, and the statement in the written diagnosis of injury to the victim D also corresponds to the facts charged. In light of the following facts, the defendant can be acknowledged the facts of assaulting the victim D as stated in the facts charged, so the above argument by the defendant is without merit.

B. Although the defendant denies the defendant's crime and did not agree with the victim on the assertion of unfair sentencing, the defendant was the first offender, the defendant was the first offender in this case, and the victim was at the level of setting up against the ppuri defendant in the dispute between the defendant and the defendant, the victim was in the aspect of inducing the case, and the victim first exercised violence against the defendant, and the contents and degree of the crime of this case that the defendant was taking advantage of the victim's name and behavior, environment, motive, means and result of the crime of this case, and other conditions of sentencing as shown in the records and arguments, it is determined that the court below's punishment is somewhat inappropriate.

3. Thus, the defendant's appeal is justified.