A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

A. Since G, the victim of the crime of assault on July 24, 2018, expressed his/her intention that he/she does not want to be punished by the criminal investigation agency, the prosecution against this part of the charges should be dismissed.

Nevertheless, the judgment of the court below which found the Defendant guilty of this part of the facts charged is erroneous by misapprehending the legal principles.

B. The six-month imprisonment sentenced by the lower court is too unreasonable and unfair.

2. The crime of assault under Article 260(1) of the Criminal Act regarding a mistake of facts or misapprehension of legal principles cannot be prosecuted against the victim’s express intent under Article 260(3) of the same Act.

According to the records, the victim G expressed at the investigative agency on July 24, 2018 that he/she does not want to be punished by the defendant (Evidence Records No. 213 pages). The court below dismissed the prosecution against this part of the facts charged pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

Nevertheless, the lower court reversed this part of the facts charged, and found the Defendant guilty. Of the lower judgment, the part on the charge of assault on July 24, 2018 should be reversed. However, the point of the above assault and the remaining parts found guilty in the lower judgment were sentenced to a single sentence pursuant to Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the lower court cannot maintain its entirety.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the defendant's argument of unfair sentencing, and the following decision is rendered again through pleading.

Criminal facts

Criminal facts and summary of evidence recognized by this court are the facts constituting the crime of the original judgment and the summary of evidence.

During the dispute between the victim G (at, 46 years of age) and the management expenses, the head of the victim G and the head of the bridge are flick.