The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant had not inflicted any injury upon the victim as stated in the facts charged of this case.

Nevertheless, the court below found guilty of the facts charged of this case, which affected the conclusion of the judgment by misunderstanding the facts.

B. The sentence imposed by the court below on the defendant (the fine of 1.5 million won) is too unreasonable.

2. The following circumstances acknowledged by the lower court comprehensively based on the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts: (i) the victim consistently and specifically stated the circumstances from the police investigation and the lower court to the Defendant’s assault (Article 2 subparag. 8 of the evidence record, No. 20 of the evidence record, No. 1 of the evidence record, No. 42, and No. 46 of the trial record); (ii) the victim was investigated by the police immediately after the occurrence of the instant case; and (iii) the medical certificate (No. 13 of the evidence record) issued by the victim showed the appearance of the victim’s copiction (No. 2 of the evidence record); and (iv) the victim’s medical certificate (No. 14 of the evidence record). In light of the fact that there is a statement that “the victim complained of a pain, etc., such as the victim’s must be subject to a punishment, and the victim complained of a pain.”

Therefore, the defendant's above assertion of mistake is without merit.

3. In full view of the following: (a) the Defendant had a history of criminal punishment for a like crime; (b) did not agree with the victim; and (c) did not endeavor to recover from damage; and (d) the Defendant’s age, character and conduct; (b) character and environment; (c) motive and background of the instant crime; and (d) the circumstances after the instant crime.