A. The fact that the victim of mistake of facts took the cell phone of the defendant at the defendant's home, and caused the defendant to capture the defendant's parents, and let the defendant release the victim's hand and arms to the outside of the house. However, as shown in the facts charged, the defendant did not have inflicted an injury on the victim's head debt when he taken off the victim's head debt, cut off the victim's chest, arms and legs, etc. on the floor, and sent the victim's statement to the person who was aware that the defendant would not have been aware of the victim as in the facts charged, but the court below found the defendant guilty of the facts charged in this case by reliance on the victim's statement that could not properly memory the situation at the time. Thus, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

B. In light of the legal principles, although the Defendant had exercised full power against the victim, it does not constitute the injury as to a hole of about 2 cm in double arms that occurred on the part of the victim. Accordingly, in this case, the Defendant cannot be punished as the crime of assault before the judgment of the court below is rendered. Even if the Defendant’s act constitutes the element of the crime of bodily injury, it constitutes legitimate self-defense as it occurred in the process of gathering hand and arms without any choice in order to drive away from the victim who frightly resisted.

C. In light of the fact that the victim of unreasonable sentencing does not want the defendant's punishment and the circumstances surrounding the occurrence of the instant case, the sentence of fine of KRW 700,000,000, which the court below

2. Determination on the grounds for appeal

A. (1) With respect to the assertion of mistake of fact, the degree of formation of a conviction for finding a guilty guilty in a criminal trial should be such that there is no reasonable doubt, but this is also to the extent that it excludes all possible doubts.