The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant filed a participatory trial by submitting a written confirmation of his/her intention to the participatory trial along with the statement of reasons for appeal. However, the appellate court case cannot be a case eligible for a participatory trial under Article 5(1) of the Act on Citizen Participation in Criminal Trials. Thus, the Defendant

The Defendant was unilaterally assaulted by the victim by mistake of facts or misapprehension of legal principles, and there is no fact that the victim was assaulted by flaging the victim’s left side, flaging, flaging, etc. as stated in the judgment of the court below.

Nevertheless, the lower court convicted the Defendant of the instant facts charged by misapprehending the necessary deliberation or by misapprehending the relevant legal doctrine.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine and the cost of lawsuit) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court’s judgment as to the assertion of mistake of facts or misapprehension of legal principles and evidence duly adopted and investigated by the court below, namely, ① the victim has consistently stated the situation at the time from the investigative agency to the court of the lower court, and the victim has consistently stated the facts of injury, and on the other hand, it appears that he/she has objectively stated his/her experience in lieu of his/her experience, and that it is difficult to find any special contradiction in his/her statement. ② The victim’s photograph (Evidence No. 53 pages) taken by the police immediately after the crime was committed, the victim’s victim’s wife’s wife’s wife could be identified at approximately 20 meters of the victim’s body photo (Evidence No. 53 pages) taken by the police, and ③ the victim’s DNA was detected from the back of the victim’s body.