The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant did not breath the victim’s breath, but only carried the victim’s hand once.

Nevertheless, the defendant was able to live in the body of the victim.

Recognizing the facts charged, the lower court erred by misapprehending the facts.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. The lower court, based on the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of fact, has consistently maintained the victim’s flat at the stage of complaint to the lower court, and assaulted the victim’s flat.

In full view of the fact that the Defendant made a statement (Evidence Nos. 3 and 7, page 33 of the record of evidence, page 33 of the record of trial), ② the Defendant recognized the fact that he fats of the victim during the investigation process (Evidence No. 16 pages of the record of evidence), ③ the Defendant expressed his act on November 6, 2015, using the text message sent to the victim on November 6, 2015, which was the day after the crime of this case, and expressed that her act was “fating fating fats” with the victim’s death (Evidence No. 11 of the record of evidence), etc., the lower court convicting

subsection (b) of this section.

Therefore, Defendant’s assertion of mistake of facts cannot be accepted.

B. It is recognized that the Defendant’s primary offender, the degree of assault, and the Defendant’s health are relatively minor.

However, while the defendant is open to the public meeting, he was accused of the complaint on the agenda and assaulted the victim who is the chairperson, and the crime is not good in light of the attitude of the act.

In addition, the defendant did not agree with the victim so that he/she can move to the trial of the party.

The above circumstances and the defendant's age, sex, environment, family relationship, and crime.