The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Even though a mistake of facts did not inflict an injury on the victim with the purpose of retaliation against the victim's report, the court below found the defendant guilty on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by misunderstanding the facts.

B. At the time of the instant crime, the Defendant was in a state of weak mind and body by drinking.

C. The sentence of the lower court’s improper sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. 1) The summary of the Defendant’s assertion of misunderstanding of facts was unilaterally assaulted by two customers at the end of the packing of the victim’s operation at the time of the instant crime. However, the victim was not aware of the offender, but the Defendant’s resistance was prevented. Since people who used to assault the Defendant, she left a taxi and went away, and the Defendant’s wall was dead. As such, the Defendant went through a dispute with the victim, and she was boomed with the victim during that process. The Defendant did not “the purpose of return” as to the offender sentenced to a fine by the victim’s report at the time. 2) The issue of whether there was the purpose of retaliation against the offender committed a violation of Article 5-9 (Aggravated Punishment, etc. of Retaliatory Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes should be determined reasonably in light of social norms, such as the offender’s age, occupation, etc., motive, process and method of the crime, details and method of the act, personal relationship between the victim and the victim, and circumstances before and after the crime.

(see, e.g., Supreme Court Decision 2009Do12055, Jun. 14, 2013). Comprehensively taking account of the following facts and circumstances acknowledged by the evidence revealed in the records of the judgment on the 3rd day of the instant crime, the Defendant was in the aspect of assaulting the Defendant at the time of committing the instant crime, but she borrowed the same.