A. The Defendant, as indicated in the lower judgment, did not assault the victim in a way that gets off at a canter and gets off the victim.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the lower court’s duly admitted and investigated evidence as to the assertion of mistake of facts, the Defendant may recognize the fact that the Defendant committed an assault by cutting and pushedping the victim’s arms as stated in the lower judgment. Therefore, the Defendant’s assertion of mistake is without merit.

① consistently from the investigative agency to the court of the court below, the victim appeared to have been living in Pyeongtaek-si C Apartment 103 Dong 203, and around November 4, 2015, around November 17:50, 2015, the victim stated to the effect that the defendant's daily activity and the D residing in No. 102 were disputed with his husband, and that the defendant's daily activity and the D living in No. 102 were not disputed. During that process, the victim stated to the effect that there was a fact that he was either sold or pushed up three to four times from the defendant.

② Not only the husband of the victim but also the above D also appeared as a witness in the court of original instance and made a statement consistent with the victim’s statement. While the victim couple is a resident of the above C Apartment No. 103 203, 203, and D is in possession of 103, 102 to exercise the right of retention, it is difficult to deny the credibility of the above statement.

(3) Before the police officers are dispatched to the scene, they appears to have been in dispute between the defendant and the victim, and the victim has made an investigation by stating the fact of violence to the police officers dispatched to the site.

④ The victim, as seen above, had a hole in which the upper part of the upper part of the arms was called up by the police officer, and the inner part of the arms was confirmed by the police officer.

and at the time, the victim has made a statement.