Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

A. The Defendant, on July 13, 201, was unilaterally assaulted by the victim on or around July 13, 201, and did not commit an assault against the victim by putting the victim’s head debt.

The judgment of the court below that found the defendant guilty on this part of the facts charged is erroneous.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below regarding the assertion of mistake of facts, the court below acknowledged the fact that the victim, who was under the influence of alcohol, exceeded all clothes from the water purifier in the defendant's house on July 13, 201, and disputed the defendant. In light of the above facts, the defendant also has credibility in the victim's statement that he was harming the victim's head debt by setting up against the victim.

E does not witness the whole process of the dispute between the defendant and the victim, so it is insufficient to reject the credibility of the victim's statement only with the statement of E.

The judgment of the court below that found the Defendant guilty of assault among the facts charged of this case is just, and there is no error of law by mistake.

B. Although the Defendant had a history of criminal punishment several times for violent crimes, the Defendant committed each of the instant crimes.

In the course of the instant crime of injury, the victim suffered injury, such as the cutting of a dub that requires approximately four weeks of treatment, but did not recover from damage.

However, at the time of each of the crimes of this case, the defendant and the victim living together for three months, and the defendant seems to have been assaulted by the victim, and there are circumstances in which the defendant is difficult as a basic living recipient.

In full view of the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence imposed by the court below is somewhat inappropriate.

3. Conclusion, the defendant.