The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant: (a) committed a mistake of fact only a woman with a city with an empty place in the subway; and (b) did not assault the victim.

B. The sentence of an unreasonable sentencing (one million won of a fine) by the lower court is too heavy.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of fact, especially the fact that the victim, the incumbent police officer, insults and assaults the defendant in the subway during his attendance at the subway, and the police statement stating that the defendant was assaulted by the defendant, it can be sufficiently recognized as stated in the judgment of the court below.

This part of the defendant's assertion is without merit.

B. In light of all the factors of sentencing as stipulated by Article 51 of the Criminal Act, such as the denial of the Defendant’s criminal act up to the trial of the trial of the trial and the denial of the Defendant’s criminal act, the Defendant’s previous convictions exist several times, the Defendant did not agree with the victim, the Defendant’s age, character and conduct, etc., the sentence of the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.