The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant does not have any factual background that assaulted the Victim C as stated in the judgment of the court below.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

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

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, the fact that the Defendant abused C as stated in the facts constituting the crime in the lower judgment can be recognized.

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

① The victim made a concrete statement at an investigative agency that “at the time of the instant case, the Defendant had the wheels to sell the victim with hacks and the plastic board such as kacks.”

It is also consistent with the statement that the victim had the wheels of the victim's arms (Evidence No. 47, 48).

② According to each description of the investigation report (20 pages of the evidence record) and the statement hearing by police officers (42 pages of the evidence record), two witnesses of anonymous as at the time of the instant case were bound by the Defendant, and the victim was considered to go beyond the victim at the time of the victim’s bucking.

③ The Defendant also stated in the lower court that the facts charged in the instant case are not different from the facts.

B. There are extenuating circumstances to consider the Defendant favorable to the Defendant, such as the Defendant’s age and the primary offender.

However, the arguments of this case, such as the fact that the defendant did not agree with the victim, that the defendant denies the crime in the trial, and did not recognize the mistake, that there is no change of circumstances favorable to the defendant that may be particularly considered in the trial, and that there is no other change of circumstances favorable to the defendant in the trial, and that the defendant's character and conduct, environment, the process and result of the crime