The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant has not committed a mistake of fact against the victim’s face.

Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the lower court as to the assertion of mistake of facts, the fact that the Defendant committed an assault by taking the victim’s face into consideration once. In so doing, the lower court did not err by misapprehending the facts and adversely affecting the conclusion of the judgment.

① Until the investigative agency and the court of the court below, the victim stated that “The defendant boarding a victim’s taxi was not allowed to leave the taxi and reported to the police, and the police officer was at the scene and the defendant was deprived of the victim’s face once in his/her hand during the process of shouldering the defendant,” and consistently stated the details of the assaulted by the defendant, the means of assault, force, force, frequency, etc.

In addition, prior to the instant case, there is no motive or special circumstance to make a false report on the fact of damage in order to punish the Defendant himself/herself.

② The police officer F, who was called to the scene at the time, observed that the victim’s safety was deteriorated, and prevented the Defendant from committing the act immediately, and dealt with the instant case as a assault case.

③ Although the Defendant asserts that there was no fact that he was the victim at all, the Defendant asserted in the trial that he was only the victim’s first time before having sworn the Defendant, and that it was difficult to believe that there was no consistency in the argument.

Therefore, the defendant's assertion of mistake is justified.