The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The defendant has not committed a mistake of fact against the victim's face due to a so-called injury or injury.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. Although the Defendant alleged the same purport as this part of the grounds for appeal in the lower court’s determination of mistake, the lower court rejected the above assertion on the grounds of its stated reasoning.

In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., ① the victim and D at the scene of this case consistently testified from the investigative agency to the court below that the defendant committed an assault against the victim on one occasion due to the victim's illness; ② the victim and D's statements concerning the situation before and after the victim were considerably detailed and credibility; ③ the victim's photographs attached to the victim's report (on-site circumstances) correspond to the above statements, the judgment of the court below is just and acceptable; and there is no error of law by misconception of facts, which affected the conclusion of the judgment, contrary to the defendant's assertion.

Therefore, the defendant's assertion of mistake is without merit.

B. The fact that the crime of this case committed by assaulting the victim’s face face is not good, etc., which is a dangerous object to determine the assertion of unfair sentencing, is disadvantageous to the defendant.

On the other hand, in this case, the victim and D were found in the residence of the defendant at around 22:54, when the victim and D were in late night hours, and the defendant made an insulting speech to D before that time. Accordingly, even though the defendant was kneel keleling, the defendant continued to resist, and it seems that the act of assaulting the defendant and the defendant using the illness is likely to occur in the course of dispute between the defendant and the defendant, and the victim expressed his intention of not to punish the defendant in the court below.