A. The defendant and his defense counsel (1) misperception of the facts in the judgment of the court below) showed the attitude that the defendant thought that C would be at the time of her hand by taking a little scambling with the prudent attitude of C while he was punished for a dispute over the problem of parking of C and vehicles, and there was no assault against C by taking the part of C by scambling it as a hand hand as shown in the facts charged, such as in the facts charged.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by finding the Defendant guilty of assault among the facts charged in the instant case.

(2) In light of the fact that there is no history of punishment exceeding the fine imposed by the illegal criminal defendant, the lower court’s sentence imposing a fine of KRW 700,000 is too unreasonable.

B. The prosecutor (1) misunderstanding the facts (the part of the judgment of the court below which acquitted the victim C) consistently stated from the investigative agency to the court of the court of the court below that “the defendant was scambling his rear part by hand,” and more specifically, in the court of the court of the court below, the defendant stated that “the defendant was scambling and scaming one to two meters of his rear part, and led the defendant 1 to two meters.” In full view of the fact that the defendant’s above assault was a very natural consequence that the defendant was scambling and scambling on the part of the defendant, the fact that the defendant was scambling and scambling the above part for two weeks of treatment can be sufficiently recognized.

Nevertheless, the lower court found the Defendant not guilty of the injury among the facts charged in the instant case, thereby adversely affecting the conclusion of the judgment (in addition, the lower court erred by misapprehending the fact that the injured person did not comply with the part of the injury and the part of the injury as stated in the injury diagnosis document, even if the written diagnosis of injury was not adopted as evidence). (2) The lower court’s punishment against the unjust Defendant for sentencing is too uneasible and unreasonable.

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