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

The above fine shall not be paid by the defendant.

Even though the defendant did not have any physical contact with C by bating C’s bat, the court below found him guilty of the facts charged in this case, which affected the conclusion of the judgment by misunderstanding the facts.

Judgment

Before the judgment on the grounds for appeal by the defendant ex officio, the defendant's crime of this case constitutes one of the crimes of injury against C. However, the court below determined the punishment within the scope of a limited term of punishment. The court below erred by misapprehending the legal principles on the number of the crimes of injury or the aggravation of concurrent crimes, which affected the conclusion of the judgment. In this respect, the judgment of the court below cannot be maintained any more.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, and this is examined.

The following circumstances acknowledged by the evidence duly adopted and examined in the court below's decision on the defendant's assertion of mistake of facts, that is, the victim C consistently stated from the investigative agency to this court that the defendant was bluely blueed with his own blue and blue with blue with his blue with his blue with his blue, and that C calls at the court of the court below, and the defendant testified that C was blue with his blue with his blue with his blue with his blue with his blue with his blue with his blue with his blue with his blue with his blue with his blue with his blue with his blue with his blue with his blue with his blue with his blue with his blue with his blue with his blue with the testimony of the victim.