A. As to the instant injury by mistake of fact (2016 highest 3635), the victim, first of all, was 3 to 4 times the victim’s arms in the process of cutting fals and spreading fals, but did not use more than 3 to 4 times the victim’s arms. Thus, the judgment of the court below convicting the Defendant of this part of the charges is erroneous in the misapprehension of facts.

B. The sentence of the lower court’s unfair sentencing (the imprisonment of 10 months and the 40-hour program completion order) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts: (i) the victim has made a relatively specific and consistent statement from the investigative agency to the lower court on the grounds that he/she was assaulted by the Defendant; (ii) the Defendant also recognized the fact that he/she had sold his/her arms 3 to 4 times; and (iii) the victim suffered on-site photographs and additional images, etc. submitted by the victim during the course of the victim’s act, which correspond to the victim’s statement, in light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court; and (iv) the fact that the victim inflicted an injury, as described in this part of the facts charged, is sufficiently recognized.

Therefore, the defendant's assertion of mistake is rejected.

B. As to the unfair argument of sentencing, it is more favorable for the Defendant to recognize most of the facts of crime and to reflect the mistake thereof, to the extent that the degree of injury and assault is not much severe, and to support annoyed and annoyed appearance, and to support it.

However, in light of the circumstances and contents of each of the crimes in this case, the victim of the indecent act by force is very poor.