The sentence of sentence against the defendant shall be suspended.

A. In fact-finding, the Defendant did not commit an injury by putting the victim’s breath with the wall as stated in the judgment of the court of first instance, and putting the victim’s breath, such as the victim’s horse, dispute, and the victim’s shoulder.

B. The first instance court’s punishment of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the first instance court as to the assertion of mistake of facts, the fact that the defendant inflicted an injury on the victim as stated in the judgment of the first instance can be sufficiently recognized.

The defendant's assertion of mistake is without merit.

B. As to the assertion of unfair sentencing, the Defendant has no record of criminal punishment except for punishment once by a fine in 2001.

In the first instance, the victim does not want the punishment of the defendant by mutual consent with the victim.

In full view of the background and degree of injury, motive and background leading to the commission of the crime, and other factors of sentencing as shown in the records and arguments, such as the age, character and conduct, environment, relationship with the victim, circumstances after the crime, etc., the first instance court's punishment is unreasonable.

The defendant's assertion of unfair sentencing is justified.

3. As such, the defendant's appeal is reasonable, and the judgment of the court of first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court of first instance. Therefore, it is accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. A fine of three million won to be suspended;

1. Articles 70 and 69(2) (one hundred thousand won per day) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014).

1. As seen above, Article 59(1) of the Criminal Act of the suspended sentence.