The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of the instant case by mistake of fact, the Defendant unilaterally met the victim F, and the victim took the LPG gas source and went beyond the bounds of his own distance, and the Defendant did not inflict an injury on the victim as stated in the facts of the lower judgment.

B. Even if the instant facts charged are found guilty, the sentence of the lower court (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. The defendant and the defense counsel in the court below's decision on the assertion of mistake of facts in the grounds of appeal of this case alleged as the misunderstanding of facts, and the court below rejected the above assertion in detail with the defendant's assertion and its decision under the title "judgment on the defendant's and defense counsel's assertion" in the judgment. In comparison with the above judgment of the court below, the judgment of the court below is just and it is erroneous in the misapprehension of facts as alleged by the defendant.

Therefore, the defendant's mistake of facts is without merit.

B. Although there are favorable circumstances for the defendant, such as the fact that the victim does not want the punishment against the defendant, the victim appears to have induced a fighting first, the court below's sentence is appropriate in full view of all the conditions of arguments and records, such as the defendant's age, career, sexual conduct, method of the crime of this case, circumstances after the crime, etc.

The defendant's improper assertion of sentencing also has no reason.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit.