A. Although the Defendant alleged a misunderstanding of facts with cellular phone and documents could not assault the victim, the lower court erred by misapprehending the fact, thereby finding the Defendant guilty.

B. 1) Illegal assertion of the procedure is unlawful inasmuch as the signature and seal of the judge is omitted in the summary order and certified copy of the judgment.

2) The summary order issued without serving a copy of the indictment on the Defendant is unlawful.

(c)

The sentence (700,000 won) sentenced by the court below to the defendant is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① physical fighting between the Defendant and the Defendant seeking not to leave the Defendant’s hospital, and the victim was subject to a disposition of suspension of indictment, ② the victim made a consistent statement from the Defendant to the investigation agency and the court of the court below, ③ the photograph taken by the police officer immediately after the instant case changed the victim’s neck and left chest, ④ even if the Defendant was using a mobile phone, it is impossible to use the Defendant’s act of assaulting the victim, and ④ the Defendant did not have any obstacle to the victim’s neck with his arms due to his arms. Accordingly, the Defendant’s assertion of mistake against this is rejected.

B. Determination of the illegality of the procedure is 1) In the case of a summary judgment, a judge who signed and sealed the judgment (Article 41 of the Criminal Procedure Act) and a copy of the judgment delivered to the defendant, on the ground that the signature and seal of the judge is unlawful as there is no seal of the judge on the copy of the judgment document.