A. The court below which found the defendant guilty without assaulting the victim of mistake of facts was erroneous in the misapprehension of facts.

B. The lower court’s sentence (three million won of fine) imposed on the Defendant is too unreasonable.

2. Determination

A. In full view of the evidence duly admitted and examined by the court below as to the assertion of mistake of fact, the above assertion by the defendant is rejected, since the defendant could sufficiently recognize the facts constituting the crime of the court below that has abused the victim

B. As to the assertion of unfair sentencing, the damage caused by the instant crime (such as the cage of the five preceding principles) is considerably significant; however, the Defendant denies and does not reflect the crime; the Defendant agreed with the victim or did not make efforts to recover damage; and other circumstances that form the conditions for sentencing as indicated in the records, such as the motive and circumstances leading to the instant crime, the circumstances before and after the instant crime, the Defendant’s age, character and conduct, environment, occupation and family relationship, it cannot be said that the lower court’s punishment is too unreasonable.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.