Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

A. Although there is a fact that the defendant gets the shoulder of the victim who was seated in a stairs, there is no fact that the defendant gets the face of the victim by booming her hair and hand, or by her hand or supporting the part of the defendant by her hair and hand.

B. The sentence imposed by the court below on the defendant (the fine of 4,000,000 won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the lower court may recognize the fact that the Defendant, while bringing the victim out of the medical care center, knife the victim’s head, knife the victim’s head, knife, knife the victim’s hand, knife the victim’s face, and knife the victim’s face, and knife the victim’s part of the victim’s face.

In light of the fact that a witness in the trial room stated to the effect that “the defendant could not be deemed to have caused the victim as shown in the facts charged, and there is no such fact,” but in the process of forcing the victim who strongly resisted by the defendant to out of the medical care center, the possibility that the victim could not witness the scene may not be ruled out if the assault was committed in the process of forcing him to leave the medical care center, and the statement at the end of one year and six months after the case is a statement at the point of time after the case, it does not interfere with the recognition of the above facts.

The defendant's assertion of mistake is without merit.

B. This case’s determination on the assertion of unfair sentencing is based on the following circumstances: (a) the victim left North Korea in 2012 and her work as a caregiver and a assistant nurse, and faithfully lead a social life on the part of the defendant, she satisfe his/her behavior, such as satisfing of heavy coffees that he/she left to a social welfare worker at the Defendant’s workplace and raising the victim strongly resisting to outside of the medical care center; and (b) the defendant has taken into account the circumstances.