The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The defendant did not assault the victim.

B. The sentence (one million won of fine) imposed by the lower court is excessively unreasonable.

2. In light of the following circumstances acknowledged by the lower court’s judgment on the assertion of mistake of facts and the evidence duly admitted and investigated by the trial court, the fact that the Defendant abused the victim is recognized.

㈎ 피해자는, 이 사건 당시 현장에 출동한 경찰에게 ‘피고인이 머리를 들이받아 쓰고 있던 안경이 떨어졌다’고 진술하였고, 경찰에서 조사를 받으면서는 ‘피고인이 손으로 어깨를 밀쳐 안경이 떨어졌다’고 진술하였다.

In addition, the court below stated in the court below that "the defendant shouldered his shoulder and flabbbial. The defendant's head's part received as his head is not consistent, but is the same as the defendant's behavior."

Meanwhile, the victim, E, who was dispatched to the scene at the time of the instant case, stated that “the defendant was deprived of the victim’s head by taking the victim’s head.” The court below stated in the court below that “the defendant was satisfing the victim’s head by pushing the victim’s head, thereby sating the victim’s shoulder, and satisfing the victim’s sat.”

In light of the above statements made by the victim and E, it is recognized that the defendant assaulted the victim.

Although victim E differs from the statements made in an investigative agency and in the original trial by law, the contents of the statements made in the victim and E do not coincide with each other in the original trial court by the court below, in light of the circumstances such as that the defendant was satisfing the shoulder of the victim, satisfing the bat, and satisfing the head, and that the memory of the experienced facts can be partially different for each person after the time of the case, the credibility of the statement made in the victim and E is credibility solely on the ground that there is a partial difference in the contents of the statement.