A. The Defendant of mistake of facts is only a victim F and G only once, and there is no several assaults.

B. The lower court’s sentencing of an unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, it is hard to see that the court below's judgment that recognized the credibility of each legal statement of witness F and G, which is a valuable evidence supporting each of the facts charged of this case, is hard and acceptable, and it is reasonable to find the court below guilty of the facts charged of this case by the determination of evidence.

Therefore, this part of the defendant's assertion is rejected.

B. Although there are extenuating circumstances, such as the fact that the Defendant was somewhat damaged due to the instant case and that there was no record of criminal punishment on 1998, the Defendant has already been punished by a fine, the lower court appears to have determined the punishment by reducing 3 million won, which is the amount of a fine under the summary order, by reflecting all the aforementioned circumstances. In full view of the fact that there is no circumstance to change the sentencing in the first instance court, and other circumstances indicated in the instant records and arguments, such as the Defendant’s age, character and behavior, career, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s sentencing is determined within a reasonable and appropriate scope, and it is not determined that the sentence is unreasonable because it is excessively unreasonable.

Therefore, we cannot accept this part of the defendant's assertion.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.