Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

A. In light of the background leading up to the instant crime committed by the Prosecutor 1) by mistake of facts and misapprehension of legal principles, the lower court determined that the Defendant was guilty of assault, although it could sufficiently recognize the Defendant’s intentional act of causing an injury to the victim E, which requires approximately two weeks of medical treatment. However, the lower court erred by misapprehending the facts, or by misapprehending the legal doctrine on the intentional act of causing injury, thereby adversely affecting the conclusion of the judgment. 2) The sentence of the lower court sentenced by an unreasonable sentencing sentence (7 million won of fine) is too unreasonable.

나. 피고인 피고인은 층간소음 문제를 항의하는 차원에서 603호 현관문을 발로 찼을 뿐, 피해자 D을 밀쳐 603호 현관문 유리에 부딪치게 하고 깨진 현관문 유리조각으로 피해자 D을 협박하거나 피해자 E에게 상해를 입힌 적이 없음에도 특수폭행치상, 특수협박, 폭행치상 부분 공소사실을 유죄로 판단한 원심판결에는 사실을 오인하여 판결에 영향을 미친 위법이 있다.

2. Prior to the judgment on the grounds for appeal ex officio, the prosecutor examined ex officio prior to the judgment on the grounds for appeal of ex officio, and the prosecutor applied for changes in the contents of “special injury” among the names of the crimes related to the facts charged in this case as “injury”, and Article 258-2(1) and Article 257(1) of the Criminal Act as “Article 257(1) of the Criminal Act” in the applicable provisions of this case as “Article 257(1) of the Criminal Act.” Since this court permitted this, the judgment below was no longer maintained in this respect

3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining each of the above arguments by the prosecutor and the defendant, and the judgment below is again ruled as follows.

Punishment of the crime

The defendant at around 23:30 on October 18, 2014, cudio 503 at Silsan-si.