The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant case, committed a mistake of fact, but there was no injury to the victim or damage to the victim’s security, such as when booming the victim’s cream at the time of the instant case, as stated in the lower judgment.

Nevertheless, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment, since the court below pronounced guilty against the defendant.

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

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below regarding the assertion of mistake of facts, the defendant may fully recognize the facts that the defendant injured the victim and damaged the victim's awareness as stated in the judgment of the court below.

Therefore, this part of the defendant's argument is without merit.

(1) The victim consistently and specifically stated the facts of damage in the investigative agency and the court below’s decision, and the victim’s statement submitted to the investigative agency (Evidence No. 36 of the Evidence Record) conforms to the above statement.

(2) The Defendant asserts that the above written opinion cannot be believed to have been issued after a considerable time after the occurrence of the instant case.

However, the injury diagnosis report submitted by the victim of the crime of injury generally grasps the cause of the injury based on the victim's statement and records the part and degree of the injury observed and judged by using medical professional knowledge, and it is insufficient to be a direct evidence to prove the fact that the injury as mentioned above was caused by the criminal act of the defendant. However, the date and time of the diagnosis of the injury is close to the time when the injury occurred, and there is no special circumstance to suspect the credibility in the process of issuing the injury diagnosis report.