The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, by mistake of facts, committed a mistake of facts only in the breath of the victim’s dub, and did not have committed an injury on the part of the victim since the victim’s face was lost or taken by drinking. The judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in matters of law.

B. The sentence (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. The circumstances indicated by the lower court as appropriate in its determination of mistake of facts and the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, ① the degree of sea of CCTV screen on the site of this case is low and the Defendant and the victim’s surrounding areas do not grasp all the specific acts. However, according to the above screen, the Defendant selected the key of the victim’s vehicle and then moved to the victim, and immediately after the victim’s body was milched, the victim’s body was milched, and the display distance was unboomed (see, e.g., Supreme Court Decision 09:0:16), and the victim appears to have shocked more than batching. ② The date of the occurrence of this case appears to have received hospital treatment on the following day, rather than on the day of the occurrence of this case, and the Defendant could not be seen as being able to suffer any other causes immediately after the date of the occurrence of this case’s medical treatment from the date of the occurrence of this case to the time of the medical treatment of this case.