A. The Defendant does not have a fact that he was involved in the victim's chests or buckbucks due to stick as stated in the facts charged.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 2.5 million won) is too unreasonable.

2. Determination

A. Regarding the assertion of mistake of facts, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below are: (i) the victim made a very specific and consistent statement from the investigative agency to the court below on the background of the crime of this case, the circumstances before and after the crime of this case, the method and degree of assault, etc.; (ii) the victim’s injury diagnosis certificate and the body part photographs against the victim also correspond to the victim’s statement; and (iii) according to the on-site CCTV video (Evidence 20 pages attached to the evidence record) of this case, according to the following circumstances: (i) the defendant was able to fully recognize the facts that the victim inflicted injury on the victim as stated in the facts charged, taking into account the following circumstances: (i) the victim’s stick, which was used by his hand around 05:30 on May 5, 2019, and (ii) the victim’s left buckbuck to the victim’s left. Therefore, this part of the defendant’s assertion is without merit.

B. It is reasonable to respect the allegation of unfair sentencing in cases where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the lower court’s sentencing is determined by comprehensively taking account of the following factors: (a) there is no particular change in sentencing conditions compared with the lower court’s failure to submit new sentencing data in the trial after the lower judgment was rendered; and (b) the Defendant’s age, character and conduct, environment, motive for committing the crime, circumstances after committing the crime, etc.