A. In fact-finding, the defendant does not intentionally receive the parts of D's injury, and the fact-finding that D's objection was so extracted by D's own scambing so that it is difficult to view it as the defendant's liability, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

B. The sentence of a fine of two million won imposed by the lower court is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and investigated in the court below's decision on the assertion of mistake of facts are: ① the victim D has consistently stated the situation at the time of the crime of this case, the process of causing injury, the content of injury and the degree of damage; ② such statement conforms to the image taken at the time of the accident and the diagnosis details of the written diagnosis of injury submitted (in accordance with the investigation records, No. 5 pages, No. 15-16 pages), ② the defendant also recognized the part where the victim and head of the defendant was faced with the victim's injury during the time of the accident and the dry field, and there is no assertion that the defendant was faced with some losses; ③ according to the victim and witness E's statement, it is difficult to believe that the defendant intentionally prices the victim by using the head of the victim, and ④ the victim was aware of it by himself, but it is difficult to see that part of the defendant's statement and the written diagnosis of injury cannot be seen as misunderstanding of facts, and thus, it is difficult to see that it is part of the defendant's assertion.

(b).