Defendant shall be punished by a fine of 300,000 won.

The above fine shall not be paid by the defendant.

A. The grounds for appeal by the defendant (the factual error) is that the defendant admonishs the defendant's wife of his/her desire to take a bath, and there was only a trace of his/her leaflet cited by the victim, and that he/she did not assault the victim.

B. The prosecutor’s grounds for appeal (e.g., 100,000 won of a fine) by the lower court are too unfilled and unreasonable.

Judgment

A. In full view of the following circumstances acknowledged by the lower court’s judgment as to the Defendant’s assertion of mistake of facts and the evidence duly adopted and investigated at the trial court and the trial court, namely, ① the part of the victim’s body is red with respect to photographs taken by police officers present at the scene at the time of the instant crime; ② the Defendant was aware that he had committed an assault as to the instant facts charged by the victim with the victim, a dispute with the victim, and a leaflet citing his hand at the time of the investigation by the police; ③ the Defendant could have exercised the same violence as the instant facts charged in the process; ③ the victim stated consistently in the manner and frequency of the Defendant’s assault at the time of the instant crime at the trial court, it can be recognized that the Defendant committed an assault as to the facts charged.

Therefore, the defendant's assertion of mistake is without merit.

B. In full view of the facts that the Defendant did not agree with the victim or did not pay for damage, and that there was a history of punishment for the same kind of crime, the lower court’s sentence is deemed unreasonable.

Therefore, the prosecutor's argument of unfair sentencing is justified.

In conclusion, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows. Since the defendant's appeal is groundless, it is dismissed pursuant to Article 364

Criminal facts

Criminal facts recognized by the court as well as the summary of the evidence.