The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. While a card game was operated at the time of mistake of facts, the Defendant exchanged the victim’s desire with each other. However, the Defendant was unilaterally assaulted by N and the victim, who is the president of the Chinese house, and in the process, did not assault the victim as stated in the facts charged in the instant case, such as assaulting the victim.

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

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the court below on the assertion of mistake of facts, namely, ① the victim made a consistent statement from the investigative agency to the court of the court below to the effect that “the defendant was singing one another by drinking himself from among the card games. At the time, the defendant was singing himself at first” (the 54 pages of the investigation record, the 38 pages of the trial record), ② from the investigative agency to the court of the court below, NN, the president of the Chinese branch, at the scene, set a vision with the victim while continuing to play in the card game, and carried out fighting with one another.” The victim made a statement to the effect that “the defendant was singing the victim’s body at the time of using the card game and sing the body of the victim.” (The 29, 30 pages of the investigation record, the 51, 52 pages of the trial record, and the 5th page of the trial record) of the defendant’s body at the court of the court below.”