A. There is no fact that the Defendant was faced with the victim in his Libya, and there is no fact that he was pushed ahead of it.

Although the credibility of E, F, and G statements is not reliable, and the defendant and I statements can be recognized, the court below rejected the credibility of the defendant and I statements, and found the defendant guilty of the facts charged in this case by recognizing the credibility of E, F, G statements, etc.

Therefore, the judgment of the court below which pronounced guilty against the defendant is erroneous by misunderstanding the facts and affecting the judgment.

B. The sentence imposed by the lower court on the Defendant (a fine of KRW 700,000) is too unreasonable.

2. Determination

A. 1) Judgment of the court below on the assertion of mistake of facts is found based on evidence duly adopted and investigated by the court below, i.e., the following circumstances: ① E, F, and G have been consistently stated that the defendant was faced with the victim by pushing the victim behind E, and the victim was faced with the defendant; ② the defendant and I consistently stated that he did not have F and G at the site of the case; ② there was a woman and male life at the site of the case; ② H stated that he was a man and female life at the site of the case, and that he was receiving her head (G), as argued by the defendant; ③ although I was in a long-term de facto marital relationship with the defendant, I was a person in a de facto marital relationship with the defendant at the time of the case, and that he was aware of the defendant's progress, and that there was no testimony by the defendant and the victim beyond F and I made a statement by the defendant.