A. The victim of misunderstanding of facts was assaulted first and set up against it, and the victim's Handphone was not set off on the floor and was not damaged.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the defendant can be found to have abused the victim and impulged the cell phone on the floor, thereby causing damage to the victim. Therefore, the defendant's assertion is without merit.

B. In full view of the following circumstances: (a) the lower court determined and sentenced a fine mitigated than the fine imposed by a summary order; and (b) there is no particular change in circumstances that may be considered for sentencing after the lower judgment; (c) the background, means and methods of the instant crime; (d) the circumstances after the instant crime; and (e) the Defendant’s age and happiness environment; and (e) various circumstances that are conditions for sentencing under Article 51 of the Criminal Act as indicated in the records and arguments, including the record

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.