A. The Defendant did not commit any assault against the victim as stated in the facts charged in this case, and it is physically impossible to assault the victim because it was not easy to move to a disease such as Teinson’s disease at the time of this case. The judgment below which convicted him of the facts charged in this case is erroneous in the misapprehension of the facts which affected the conclusion of the judgment.

B. The court below’s sentence of unreasonable sentencing (the fine of 1.5 million won) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the court below's argument of mistake of facts and evidence duly adopted and examined by the court below and the trial court. ① The victim consistently met with the investigative agency, the court below and the trial court to the effect that "at the time of the instant case, the victim was frighting with the defendant at the house of the defendant at the time of the instant case, and the victim was frightd with the head of the victim, and the victim's face and head was frightd with the victim's face and head. The defendant continued to assault the victim, including taking over the victim, and continued to do so, and reported 112 on the difference in the victim's inside, and went out of the door, and the victim was knekeling and kneeked with the victim." This victim's statement was consistent to the purport that "The victim's statement was not only specific and consistent to the extent that the victim was unable to make a statement unless he was directly experienced by himself, but also specific and consistent with the circumstance that the victim was frighted before and after the instant statement.