The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although there was a fact that a person causing misunderstanding of the fact did not harm the victim as stated in the facts charged, the court below found the defendant guilty on the ground that there was an error of law by mistake in the facts, even though the defendant did not inflict an injury on the victim as stated in the facts charged in this case.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, namely, the victim D requested the Defendant to extract trees from the entrance of his house at the investigative agency and the lower court’s court. The Defendant expressed a desire to do so.

이에 자신이 화가 나 나무를 뽑으려는 시늉을 하자, 피고인이 양손으로 자신의 멱살을 잡고 피해자의 집 쪽으로 끌고 가다가, 마당에 있는 자신의 남편을 보고 서야 멱살을 잡은 손을 놓았다.

Accordingly, the statement was made to the effect that the victim was able to carry out necks, spawns, fingers, etc., and that the statement was specific and consistent. As such, the court below erred by misapprehending the legal principles on credibility in the statement

The determination was clearly erroneous.

There are special circumstances or exceptional circumstances in which it is deemed that maintaining the above judgment by the court below is significantly unfair.

The victim’s statement is partially consistent with the victim’s statement to the purport that the victim was diagnosed to the effect that he does not seem to have been in need of approximately two-day medical treatment in light of the light base, the chest string, the mouth string, the mouth 5, the right side 5 and the part part of the complete string, and that the Defendant was given to the investigative agency for the purpose that “the victim was able to take the front side of the victim in order to prevent the victim from getting out his trees and to the seat of her husband.”