The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. On May 9, 2013, the Defendant was guilty of the facts charged in the instant case, even though testimony was not false, since the Defendant, at around 22:25 on May 9, 2013, 201, abused the clothes and face from D from G pentacheon-gun F, Seocheon-gun, Seocheon-gun, Gangwon-do.

B. The sentence sentenced by the court below to the defendant (two years of suspended sentence in October, and one hundred and sixty hours of community service) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, since although D did not have any injury to the defendant by taking advantage of the defendant's clothes and face, it can be sufficiently recognized that there was sufficient evidence as stated in the judgment of the court below with the same contents as that of the defendant, this part of the defendant'

1. The Defendant began to record a conversation with D by using the recording function of a smartphone in his own machine immediately after the conversation was started, i.e., memory that he went to his singing and singing before the conversation was started.

The argument is asserted.

In that sense, it is doubtful whether it is possible to carry out the recording function of smartphones without being expressed to D in front of D, and according to the recording record (a copy of the conversation content, a copy of the conversation content, and a copy of the conversation content (2)) submitted by the Defendant, it is rather possible to memory (sing or singing points) on the nearest of the Pungdong.

There is a recording of D's words, and it is predicted that the defendant made a recording from the beginning of the conversation, and there is no record that the defendant resisted that the defendant was assaulted against D in the recording book at all.

② At the time, multiple O-related persons were involved in a penture, but they were penture.