The defendant's appeal is dismissed.

1. Summary of the grounds for appeal (the factual error and inappropriate sentencing)

A. The judgment of the court below which found the defendant guilty of the facts charged on the ground that the defendant did not have the intention of assault or bodily injury even though the mistake of facts did not exist.

B. The lower court’s sentence of unreasonable sentencing (fine 1.5 million won) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the victim stated in the court below that the defendant prices the victim's elbows with the victim under the condition of the victim's elbows, and there is a question about the victim's statement in the light of the fact that it seems somewhat difficult to prices the victim's elbows under the circumstances of the

At the court below, the victim made a statement on the question whether the defendant A assaulted the witness behind the witness at the time when the witness is bended by "A", "I would like to make up for the cell phone separate from the ground that "I would like to make up for each other," "I would like to make up for the front and rear of the witness," "I would like to make up for the cell phone," "I would like to make up for the front and rear of the witness," "I would like to make up for the cell phone," and "I would like to make up for the cell phone," "I would like to make up for the front and rear of the witness."

(69,71 of the trial records). However, the defense counsel appears to have asked the defendant's and the victim's opposite position (in cases of the defendant's statement examined below, it appears that there was the victim behind the right side of the defendant at the time of this case). The victim seems to have stated the above in the process of physical discompeting the defendant's price from the victim's back to the elbbow to the victim.

In addition, considering the fact that the defendant and the victim were fighting the body in order to drive their mobile phones, the location of the victim and the defendant are different from the actual month.

Therefore, it is true.