A. At the time of the instant case of mistake of facts, B and the victim showed the intention of misunderstanding, but it did not seem that B used the victim to assault.

The defendant only has made a statement according to his memory and has not made a statement contrary to his memory.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence of a fine of two million won imposed by the lower court is too unreasonable.

2. Determination

A. In the case of Daegu District Court 2017DaMa1218, Daegu District Court 2017DaMa1218, which was lawfully admitted and investigated by the court below, the victim of the above case also appeared as a witness and made a consistent and concrete statement in the present situation. The victim's statement is consistent and specific, as well as consistent and detailed, and the victim was receiving medical treatment on the left wall by going to the hospital on the day of the above case. ② The defendant appeared in the above case and stated that he did not have physical contact with the above victim, and stated that he did not have any fact that he did not live in the body of the victim; ③ around February 23, 2017, the victim's can be sufficiently acknowledged that the defendant's statement was contrary to his memory, taking into account the following circumstances.

Therefore, the court below's finding the defendant guilty of the facts charged of this case is just, and there is no error of law by misunderstanding facts and affecting the judgment.

This part of the defendant's assertion is without merit.

B. The Defendant has no criminal power on the assertion of unfair sentencing.