The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant asserts that he was guilty of the fact only when he got the victim's left side and did not see the victim's chest as stated in the facts charged in this case.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, and the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence (one million won penalty) imposed by the lower court on the Defendant is too unreasonable.

2. Determination

A. Article 361-5 subparag. 14 of the Criminal Procedure Act stipulating “when a mistake of fact affects the judgment due to a mistake of fact” as one of the grounds for appeal means a case where a misunderstanding of fact influenced the order of the judgment, and directly or indirectly affected the constituent evaluation of the requisite elements for the crime (see, e.g., Supreme Court Decision 96Do1665, Sept. 20, 196). According to the investigation report (CCTV film material), according to the Defendant’s assertion, the Defendant is recognized not to “the victim’s chest” but to “on the left side” as the Defendant’s assertion.

However, in light of the above legal principles, criminal facts that the defendant had taken the victim's left arms constitute a crime of assault under Article 260 (1) of the Criminal Act, and the legal provisions applied by the court below are identical, and the mistake of facts also constitutes a difference in the part of assault. Thus, the fact that such mistake of fact directly or indirectly affected the order of the judgment of the court below or the constituent evaluation of the elements of the crime against the defendant.

shall not be deemed to exist.

Therefore, this does not constitute “when a mistake of fact affects the judgment because it is a mistake of fact” under Article 361-5 subparag. 14 of the Criminal Procedure Act.

Ultimately, the defendant's assertion of mistake is without merit.

B. There is no change of circumstances that may be considered in sentencing after the judgment of the court below regarding the unfair argument of sentencing, and the conditions of sentencing as shown in the records and arguments of this case.