The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts only made a fighting with the victim and the E, and did not assault the victim.

B. Even if the Defendant was found guilty of an unreasonable sentencing test, the lower court’s punishment (fine of KRW 800,000) is excessively unreasonable.

2. Determination

A. In full view of the following circumstances that can be recognized by each evidence duly adopted and investigated by the court below and the trial court in regard to the assertion of mistake of facts, namely, there is a somewhat different difference between the victim's investigative agency and the court below's statement as to the method of assaulting the victim and whether the defendant has used each item, but two persons including the defendant have assaulted the victim and consistently made the victim's face, and the defendant has consistently made a statement about the process of assaulting the victim's face, and there is credibility in the victim's statement because the defendant et al. have consistently made the victim's statement. On the day of the instant case, it is difficult to find a special reason for the victim to make a false statement for the first purpose of having the defendant who is a daily worker on the day of the instant case receive criminal punishment. Thus, the defendant's assertion of mistake of facts can be sufficiently recognized as having inflicted injury on the victim

B. As to the assertion of unfair sentencing, the victim’s injury is relatively minor, the defendant’s previous conviction in Korea is not discovered, and the victim and the defendant have agreed to do so. However, it is difficult to view that the defendant denies the crime of this case in the trial, and thus, it is difficult to view that the defendant seriously reflects the defendant. The court below rendered a judgment by reducing the fine amount (2,00,000 won) of the summary order in consideration of the circumstances favorable to the defendant, and all the arguments of this case, including the defendant’s age, character and behavior, motive and circumstance leading to the crime of this case, and circumstances before and after the crime, etc.