An application filed by an applicant for compensation shall be dismissed.

A. Defendant 1) misunderstanding of facts (in the case of injury), even though the Defendant was able to see the victim’s bags even even with the victim, and did not inflict an injury on the victim as stated in the judgment of the court below, the court below found the Defendant guilty of this part of the charges, which is erroneous in misunderstanding of facts. 2) The sentence (one million won of fine) sentenced by the court below of unreasonable sentencing is too unreasonable.

B. According to the evidence submitted by the prosecutor of mistake of facts (as to the crime of violence), although the defendant could have recognized the fact of assaulting the victim on or around June 25, 2013 as stated in the facts charged, the judgment of the court below which acquitted the defendant of this part of the facts charged is erroneous in the misapprehension of facts. 2) The sentence sentenced by the court below of unreasonable sentencing is too uneasible and unfair.

2. Determination on the grounds for appeal

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court regarding the Defendant’s assertion of mistake of facts, the Defendant may sufficiently recognize the fact that the Defendant inflicted an injury on the victim as stated in the lower judgment, and thus, the Defendant’s assertion of mistake of facts

1) 피해자는 수사기관 이래 원심 법정에 이르기까지 ‘피해자가 이 사건 당시 등산을 갔다 내려오는데, 피고인이 욕설을 하면서 메고 있던 가방 끈을 잡고 관리사무소로 끌고 갔다. 피고인은 피해자가 들고 있던 등산용 스틱을 빼앗아 피해자를 꼼짝 못하게 한 다음 주먹과 발로 전신을 때리고, 등산용 스틱으로 머리를 내리쳤다.’라고 하여 폭행 행위의 경위, 내용, 상황 등에 관하여 구체적이고 일관되게 진술하였다. 2) 피고인은 경찰이 신고를 받고 출동한 이후 피해자에게'오늘 길에서 피해자의 가방 끈을 붙잡고, 사람들 앞에서 집에도...