A. The judgment of the court below which found the Defendant guilty of the whole facts charged of this case, which affected the conclusion of the judgment by misunderstanding the facts, although the Defendant, as a food, did not have the victim E face or sealed tobacco promotion plate by hand.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. The lower court found the Defendant guilty of all the charges of this case based on the evidence duly adopted and examined by the lower court.

In other words, according to the CCTV images recorded at the time of the instant case, the Defendant could check the face of the victim E, and at the time of the investigation, he was at the scene of the following circumstances that can be recognized by the evidence duly adopted and examined by the court below.

K also has a fact that the defendant was in contact with the victim E.

(2) The victim E shall visit the hospital on the day of the instant case to receive medical treatment, and the above hospital shall issue a medical certificate to the effect that approximately 2 weeks of medical treatment is required due to the influence of the inside and outside of the hospital (the part of the above medical certificate was damaged by the victim E.

(3) In light of the fact that the court below stated in its reasoning that the defendant damaged the tobacco promotion board as stated in the facts charged by hand, and the size of the tobacco promotion board is not small, but it seems that the act of cutting the tobacco promotion board in hand is difficult to be deemed to be merely an act due to a loss. Thus, in light of the fact that the defendant's act of cutting the tobacco promotion board in hand is difficult to be deemed to be an act due to a loss, it can be sufficiently recognized that the defendant's act of cutting the victim's face or cutting the tobacco promotion board in hand.

Therefore, as to the whole facts charged of this case.