The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts is merely rhythizing the victim’s head while ruptureing the breath and rupture with a balthm, and did not assault the victim as stated in the facts charged in the instant case.

Nevertheless, the lower court erred by misapprehending the facts, thereby adversely affecting the Defendant.

B. The lower court’s sentence (three million won of fine) imposed on the Defendant is too unreasonable.

2. Determination

A. Regarding the assertion of mistake of facts, the evidence duly adopted and examined by the court below and the following facts or circumstances that can be recognized by the evidence, namely, ① the defendant, on March 13, 2013, on the ground that he was on board a taxi driving by the victim at around 23:50, on the ground that he did not have a way to his own desire while driving the taxi before Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, the defendant put up a taxi before the Seoul Special Metropolitan City Gwangjin-gu, and had the victim face at drinking. He had been witnessed, ② the doctor was aware of the cause of the injury based on the victim’s statement, and ② the doctor was aware of the cause of injury based on the victim’s medical expertise and stated the part and degree of the injury observed and observed by using medical expertise, and was sufficiently able to recognize the facts charged together with other evidence. In light of the fact that the victim was diagnosed as the same contents as the facts charged in this case at the hospital immediately after the occurrence of this case, and there was no evidence to find the credibility of the defendant's confession or charge in this case.