The defendant's appeal is dismissed.

1. The summary of the grounds for appeal by the Defendant is as follows: ① Even if the Defendant is not a assault offender, the lower court found the Defendant guilty of this part of the facts charged by mistake of fact, and ② not so.

In light of the fact that the defendant's economic form is difficult, the sentence of the court below which sentenced the defendant a fine of KRW 5,000,000 is too unreasonable.

2. In full view of the evidence duly admitted and examined by the court below such as E and D's statement, it is difficult to deny credibility because each statement in the police station of E and D and in the court below is consistent and specific. In full view of the evidence that the court below duly admitted and investigated (Provided, That the part of the witness N's statement in the court below's original judgment, which contains another person's statement, is a witness's statement, and it is not admissible unless there is any evidence that the witness N consented to it as evidence) such as E and D's statement, it is sufficiently recognized that the defendant can sell D due to drunk under the influence of alcohol as stated in the judgment of the court below, and that he did not reflect his mistake while denying the crime of assault. Meanwhile, even if the above facts are sufficiently recognized, the defendant appears not to violate his mistake while denying the crime of assault, there is no special circumstance or change of circumstances that can be newly considered in sentencing after the court below was sentenced, and other various conditions of sentencing such as the defendant's age, character, etc., the court below's issuance of a summary order is too reduced to a fine of 0000 won.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.