The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Error of facts and misapprehension of legal principles did not contain a mistake of facts against the victim. However, although the victim had a pulse about the defendant's flapsing, this constitutes a legitimate act.

Nevertheless, since the court below convicted the charged facts of this case, it erred by misapprehending the legal principles and thereby affecting the conclusion of the judgment.

B. The sentence imposed by the court below on the defendant (the suspended sentence of a fine of KRW 500,00) is too unreasonable.

2. The following circumstances acknowledged by the lower court’s lawfully adopted 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, is relatively consistent from the victim to the court of the lower court, to the effect that “the victim, while drinking the victim, she stated to the effect that she was faced with the victim,” and ② “E at the scene, at the time, was in the police investigation, her breast part of the victim’s chest.” After that, the victim had her chestd with the Defendant’s chest while driving the restaurant. The victim again stated that “The victim, who was the victim, 58, 59, and 37 through 40 of the evidence record, she stated to the effect that she was satisfyed by the victim,” and the victim again stated to the effect that she was satched by the victim beyond the victim’s 2, who was satisfying the victim’s hair, and that she was satched with the victim.