The sentence of sentence against the defendant shall be suspended.

A. misunderstanding of facts or misunderstanding of legal principles: The defendant did not have the intention of assaulting the victim to exercise force against the victim after the victim was involved in the process of demanding the withdrawal of the victim, and there was no intention of assaulting the victim to exercise force.

Even if the act constitutes the constituent elements of assault, illegality is excluded as a legitimate act that occurred in the course of the execution of the duties of the chairman of the council of occupants' representatives by the defendant.

Nevertheless, the court below erred by misunderstanding of facts or misunderstanding of legal principles since it recognized the assault crime.

B. Unreasonable sentencing: The sentence of the court below (the fine of 500,000 won) is too unreasonable.

2. Determination

A. The Defendant asserted that there was a mistake of facts or misapprehension of legal principles in the lower court’s judgment, and the lower court rejected it.

In light of the evidence duly admitted and examined by the court below and the reasoning of the judgment of the court below, the judgment of the court below is just and there is no error as alleged by the defendant.

Therefore, the defendant's above assertion is without merit.

B. In light of various sentencing conditions acknowledged by the records and arguments of the instant case, such as the circumstance in which the Defendant had caused the instant act, and there is no other punishment except that imposed once by fine, the Defendant’s act of this case as the president of the council of occupants’ representatives as stated in the judgment of the lower court, and the relationship between the Defendant and the victim, etc., the lower court’s punishment is too unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.

[Discretionary Judgment] Criminal facts and summary of evidence recognized by the court.