A. In fact, although the defendant misunderstanding the victim's upper chest part of the victim's chest was 10 seconds or about 10 seconds, he did not assault the victim by means of spathing breath and spathing spath, etc., and there was no fact that the victim was injured.

B. The punishment sentenced by the lower court (700,000 won) is too unreasonable.

2. Determination

A. In full view of all the following circumstances acknowledged by the lower court’s duly adopted and examined evidence regarding the assertion of mistake of facts, the fact that the Defendant assaulted the victim and inflicted an injury on the victim, such as salt pane, tension, etc. in the 2 week medical treatment may be fully recognized.

Therefore, the judgment of the court below is not unlawful due to the mistake of facts as alleged by the defendant.

1) The victim consistently states to the purport that the defendant was shaking the victim’s timber and shoulder from the investigative agency to the court of the court below, and the defendant also recognized the fact that the victim was able to have a lar on the side of the chest and 10 seconds, and the part of the defendant or the victim’s statement on the part of the assault was snick, and the part of the defendant or the victim’s assault was snick, and the part of the victim’s statement on the part of the assault was divided.

It is very different from the description of the facts constituting the crime.

In light of the above, it is difficult to see that the defendant assaults the defendant as stated in the facts constituting the crime in the judgment below.

2) In addition, the victim was issued a medical certificate after receiving medical treatment to the effect that he/she was suffering from severe harm by finding the hospital following the occurrence of the instant case, and received a medical certificate for injury. While the medical certificate for injury appears to have been prepared based on the victim’s subjective appeal, etc. that there was a pain, the date of the medical examination is very close to the time of the occurrence of the injury, and the cause and extent of the injury claimed by the victim as stated in the medical certificate for injury.