The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The defendant of mistake of facts only committed an assault against the victim and did not commit an assault against the victim.

Nevertheless, the lower court erred by misapprehending the facts charged in the instant case.

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

2. Determination

A. As to the assertion of mistake of fact, the Defendant argued to the same effect as the Defendant did at the trial of the lower court.

As to this, the lower court did not accept the Defendant’s assertion and found the Defendant guilty of the facts charged in the instant case, taking full account of the circumstances as indicated in its reasoning that can be seen through the evidence duly admitted and examined.

Examining the above judgment of the court below closely by comparing it with the records, the judgment of the court below is just, and the judgment below did not err by misapprehending the facts as alleged above by the defendant.

B. Comprehensively taking account of the grounds for sentencing stated in the instant argument and the record as to the assertion of unfair sentencing, the lower court appears to have reasonably decided by fully considering the various grounds for sentencing alleged by the Defendant, and there is no special circumstance to ex post facto change the sentencing.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.