The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. The summary of the grounds for appeal is that the Defendant did not have any sound and abusive behavior at the time, and there is no fact that the Defendant was able to see the victim’s eye.

Nevertheless, there is an error of misunderstanding of facts in the judgment of the court below which found the defendant guilty. Even if the defendant is guilty in domestic affairs, the punishment of the court below (700,000 won of fine) is too unreasonable.

2. Determination

A. The following circumstances that can be acknowledged by the judgment of the court below and the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, namely, ① at the time G, a customer, was made by the defendant and the victim at the time when he was a customer at the time, and the victim took a bath. In this process, the defendant took a bath with the victim, and the defendant continued to talk with the victim. The defendant did so too so, even though the witness was crypted, the defendant continued to dispute with the victim without hearing. From a time to a certain point, the defendant and the victim got out of the room, and the victim took her eye with "I must go to the hospital by my eye," and the victim stated that "I will go to the hospital," which corresponds to the facts charged in this case, and ② from the time to the time of the victim's statement to the time of the victim's inquiry or diagnosis, the victim's oral statement and the victim's appearance were not known at least seven years before the victim's oral statement and the victim's appearance were not known.