A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

A. In fact-finding, while the defendant was working as security guard at the Da apartment-gu Changpo-si Changpo-si, the victim E (hereinafter "victim") who is a resident of the above apartment (hereinafter "victim") was a tree that the defendant served in drinking alcohol, and made a dispute with the victim by giving pinn while making him/her work in drinking, and there was no fact that the victim's internal part and the part of the victim's internal part and the spathn part of drinking and growth.

In addition, the victim asserts that he was deprived of the upper right by the defendant's assault, but the victim was given treatment to give some fry because he was not good in ging before the case, not because of the defendant's assault, but because of the defendant's previous ging disease in the victim's previous ging, or because his family members were faced with their arms, etc. while the victim ging the victim, it cannot be ruled out.

Nevertheless, the court below found the defendant guilty of the facts charged in this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

2. Determination

가. 사실오인 주장에 관한 판단 원심과 당심이 적법하게 채택하여 조사한 증거들에 의하여 인정되는 다음과 같은 사정들, 즉 ① 피해자는 경찰 이래 원심 법정에 이르기까지 일관되게 ‘피고인이 술에 취하여 경비 근무를 하면서 딸에게 택배와 관련하여 소리를 지른 사실을 알고 피고인에게 술을 마시고 근무하는 것에 대하여 항의를 하자 피고인이 피해자에게 욕설을 하고 주먹으로 피해자의 안면부를 1회 때려 피해자의 상악 우측 중절치 1개가 빠졌고, 이를 목격한 피해자의 딸 H가 112신고를 하였는데, 피고인이 신고를 받고 출동한 마산중부경찰서 F파출소 경찰관들 앞에서도 발로 피해자의 사타구니 부위를 1회 걷어찼다’고 일관되게...