The defendant's appeal is dismissed.

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. The Defendant did not commit an injury by assaulting a victim as stated in this part of the facts charged.

B. The punishment sentenced by the court below (2 million won) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s duly admitted and investigated evidence regarding the assertion of mistake of facts, namely, ① the victim, from the investigative agency to the court of the lower court, “after completing a divorce trial, the Defendant was satisfying two fingers, and the Defendant was pushed down two times later.”

“The victim’s statement has made a statement to the effect that “The victim’s statement is consistent with the detailed and significant parts of the background, method, and part of the assault, and there is no contradiction among them, and ② in the investigative agency, “E takes place in the toilet,” and two female persons take the victim’s desire while pushing the victim, thereby pushing the victim over the floor.

“Statement to the effect that” was stated in the lower court, and the lower court also considered in the court’s determination that “I am from the third floor toilets, women are boomed by a mixture.”

It considered that the victim is going beyond the toilet.

“The statement to the effect that” is stated, ③ although there are somewhat different statements in E’s investigative agency on the background leading up to the date of the instant case and the statements in the court of original instance on the day of the instant case, the statements are consistent with the facts charged in the instant case, including the background leading to the witness of the instant case and the method of assault, and are consistent with the victim’s statements, and the statements in the court of original instance are made after a considerable period of time from the date of the instant case, the difference cannot be deemed to be the extent of rejecting the credibility of the statement, ④ The E and F are identical, and women expressed desire to do so for this year.

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