Of the facts charged of this case, the injury caused by assault shall be acquitted.

A. The first instance court found the Defendant guilty of the crime of assault as stated in the first instance judgment, on the ground that the Defendant’s act of causing bodily injury caused by the Defendant’s assault constituted a case where there is no proof of crime, and found the Defendant guilty of the crime of assault as stated in the judgment of the first instance,

On the other hand, only the defendant appealed against the guilty portion, and the prosecutor did not appeal.

In accordance with the principle of non-appeal of appeal, the part of acquittal in the above reasoning was transferred to this court, but it was not subject to the judgment of this court because it was out of the object of attack and defense between the parties, and therefore, this court will follow the conclusion of innocence in the reasoning that the

B. The second instance court rendered a conviction on the charge of assault and assault among the facts charged, and acquitted on the charge of obstruction of business.

On the other hand, only the defendant appealed against the guilty portion, and the prosecutor did not appeal and the verdict of innocence became final and conclusive.

Therefore, the scope of the judgment of the court of second instance is limited to the above conviction of the defendant.

2. Summary of grounds for appeal;

A. As to the judgment of the first instance court, the Defendant did not assault the victim D as stated in the judgment of the first instance court.

The Defendant did not assault the Victim K as stated in the second instance judgment against the judgment of the court below.

B. The punishment of the judgment of the first instance court on the unfair sentencing (a fine of KRW 300,000) is too unreasonable.

3. Determination

A. As to the allegation of mistake of facts as to the judgment of the court of first instance, the Defendant, around 15:00 on July 15, 2014, assaulted the victim, such as “snicking”, “snicking”, and “snicking the victim’s satisf”, around 15:00 on July 15, 2014, around the third floor elevator of the Gwanak-gu, Seoul Special Metropolitan City.