Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

가. 피고인 피고인은 피해자가 피고인을 폭행하려 해 “때릴 테면 때려봐라”고 하면서 뒷짐을 진 채 피고인 쪽으로 머리를 갖다 댔을 뿐 피고인을 폭행한 사실이 없는바, 이와 달리 판단한 원심판결에는 사실오인의 위법이 있다.

The punishment of the lower court (one million won of a fine) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The witness F, G, and H made a statement that corresponds to the facts charged in the instant case at the police and the court of the original instance on the determination of mistake of facts, and the contents thereof are specific and consistent and credibility.

(H) Although it is somewhat unclear to the investigative agency, the credibility of the statement is not suspected. Meanwhile, the statement made by the witness I of the lower court contrary thereto does not interfere with the acknowledgement of the facts charged in the instant case.

Therefore, the judgment of the court below which convicted the defendant on the grounds of the above FF, G, and H's statements is legitimate, and the defendant's assertion of mistake of facts is without merit.

B. The Defendant’s judgment on the assertion of unfair sentencing is the most favorable circumstance to the Defendant, first of all, that the case occurred by the victim.

However, the assault of this case, however, was pushed the back of the defendant's head toward the victim's chest, and was cut off the victim's side with the back of the defendant's back in the process, and the attitude of the assault was passive and insignificant, and the defendant also inflicted an injury on the victim, including the fact that the victim was suspended from indictment, but the victim suffered an injury on the part of the victim, etc., such as the form and degree of exercising a tangible power, the relationship between the defendant and the victim, the motive and consequence of the crime, and the circumstances after the crime, etc., it is judged that the court below's punishment is too unreasonable.

3. Accordingly, the defendant's appeal is justified.