A. The Defendant did not assault the victim as stated in the instant facts charged.

Nevertheless, the court below sentenced the defendant guilty, and there is an error of misunderstanding the fact and affecting the conclusion of the judgment.

B. Of the sentencing department, the sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Although the court below also asserted that the defendant's assertion of mistake of fact is identical to the above assertion of mistake of fact, the court below rejected the defendant's above assertion of the victim's statement under reliable circumstances and sufficiently recognized the facts charged in this case. Since such decision of the court below is sufficiently acceptable, the defendant's assertion of mistake of fact cannot be accepted.

3. A favorable circumstance is that there is no same crime or no more criminal record than a suspended sentence, and the degree of violence is minor.

On the other hand, however, the defendant denies the crime up to the trial and did not repent of the crime, and the fact that the victim wants to punish the defendant is disadvantageous.

In full view of the above circumstances and the Defendant’s age, character and conduct, family relationship, environment, etc., the lower court’s punishment cannot be deemed as excessively excessive beyond the scope of reasonable discretion.

Therefore, the defendant's above assertion of unfair sentencing cannot be accepted.

4. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.