The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of misunderstanding the facts, the Defendant did not have committed a crime against the victim’s chest.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (300,000 won of a fine) is too unreasonable.

2. Determination

A. The lower court found the Defendant guilty on the grounds of the Defendant’s legal statement that led to the confession of the facts charged in the instant case, the victim’s protocol of statement, and the victim’s relevant pictures.

B. The Defendant asserts that, in the first instance of the lower trial, the victim’s breast part at the time was not closely involved in the determination of mistake.

However, it can be sufficiently recognized that the defendant, while engaging in a dispute with the victim at the time when he/she was living together with the police statement of the victim and the related pictures (the photographs and evidence records 26,27 of the victim's taxi) which were presented as evidence of guilt in the court below, he/she can be sufficiently recognized that the defendant is provoking of the victim's chest while making a conflict with the victim at the time.

Furthermore, the defendant himself also expressed that "I, even though not being detained, do not see it, I do not recognize it as being tight." (No. 22 pages of the evidence record) and the court below acknowledged the facts charged of this case.

The defendant's ground of appeal for mistake of facts shall not be accepted.

The Defendant presented the attitude of recognizing the instant facts charged from the first investigative agency to the original trial.

In addition, the defendant, while under the influence of alcohol, has brought about a dispute with the victim, and it seems that the defendant committed the crime of this case rapidly and contingently.

In addition, it seems that the extent of the defendant's exercise of force against the victim is not much serious, and the defendant is the defendant.