The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The defendant does not have any mistake of facts as stated in the facts constituting a crime in the original judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, the defendant's assertion of mistake of facts is not accepted, since it is recognized that the defendant was injured by considering the victim as stated in the facts constituting the crime in the judgment

1) The victim, at the investigative agency, made a very detailed statement in detail at the time when the defendant was found in the “C” as indicated in the lower judgment, on the situation before and after the instant assault, and on the content of the assault and its damage, and there is no circumstance that the victim was found in the record. 2) At the time, F, who observed the instant assault, was found in the investigative agency at the time when the defendant was found in the “C” as indicated in the lower judgment and the situation before and after the instant assault, made a statement consistent with the victim’s above statement to the investigative

3. On the other hand, the Defendant made a statement at an investigative agency to the effect that the victim took clothes of the Defendant and she took the face of the victim one time with his/her arms, and then made a statement consistent with the facts charged in the instant case. The lower court led to the confession of the facts charged in the instant case at the lower court, and re-refusing the facts charged in the instant case to the purport that the Defendant denied the facts charged in the instant case, and thus, it is difficult to believe

B. As to the assertion of unfair sentencing, the Defendant committed the instant crime during the period of repeated crime of the same kind, the victim’s damage has not been completely recovered, and the motive, circumstance, means and result of the instant crime, and the circumstances before and after the instant crime.