The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although the Defendant did not commit any injury to the victim, the lower court recognized the facts constituting a crime, but there is a mistake of fact that affected the conclusion of the judgment.

B. The lower court’s sentence on the Defendant of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. misunderstanding of facts1) The victim’s statement made two detailed statements from the police investigation to the court below’s trial (Evidence No. 3,6-8, 40, 41 of the record of evidence). The victim’s statement is consistent with criminal facts. 2) On December 5, 2016, the following day of the instant case, the victim visited the Fbuck-type department located in Goyang-si to undergo a diagnosis, and issued a written diagnosis of injury (Evidence No. 17 of the record). The victim’s statement stated that “the victim was 3,6-8 of the record of the trial, and 40, 41 of the record of the trial)” (Evidence No. 17 of the record of the victim’s statement and the victim’s statement were 14 days or more, and that “the victim’s face was 14 days or more” (the victim’s statement and the content of the examination of injury correspond to the victim’s statement and the victim’s statement are 16 days or more of the victim’s photograph.

C) Even before the instant case, the Defendant was detained on charges of assaulting the victim on or around July 8, 2015 and around January 23, 2016, and had been investigated by the police for two occasions (Evidence Records 28, 29 pages). Meanwhile, the Defendant for ten months following the instant case’s rest.