A. The defendant of mistake of facts only spawned the victims with water and did not assault the victims as stated in the facts charged.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, and the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence imposed by the court below on the defendant (the fine of 3.5 million won) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, since the fact that the defendant assaulted the victims as stated in the facts charged in this case is sufficiently recognized, the court below's judgment of conviction is just and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts as alleged by the defendant and his defense counsel.

B. After the judgment of the court below on the assertion of unfair sentencing, there are no changes in circumstances that may be considered in the sentencing, there is no agreement with the victims or no letter from the victims, and the defendant has a number of criminal records of the same kind.

In addition, considering the circumstances that the Defendant asserted as the grounds for appeal, the lower court’s punishment is too unreasonable, even in light of the circumstances asserted as the grounds for appeal. In so doing, the lower court’s punishment is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.