A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

A. In fact, misunderstanding of legal principles and mistake of facts, the Defendant unilaterally committed an assault from C, and went beyond the winded floor by C, so the Defendant did not violate the duty of due care and did not have any joint goals or contact with C.

Nevertheless, the judgment of the court below that recognized the defendant as a joint principal offender of C and criminal negligence is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment

B. The sentence sentenced by the lower court to the Defendant (one million won penalty) is too unreasonable.

2. Determination

A. The lower court also asserted the same grounds as the grounds for appeal, and the lower court has a duty of care to sufficiently anticipate that the victim may be able to be satisfed in the surrounding area in a case where the Defendant, while clearly explaining the grounds for appeal in detail at the bottom of “a summary of evidence” and actively exercises the force of attack with the other party in a narrow restaurant where there are many people, beyond the level of passive defense against the other party.

In light of the above, the defendant was recognized as a joint principal offender in the crime of injury by negligence.

The above judgment of the court below is just and it is not erroneous in the misapprehension of legal principles or mistake of facts alleged by the defendant.

This part of the defendant's assertion is not accepted.

B. The fact that the sentencing is unfair, and the degree of injury of the victim is not light, is disadvantageous to the defendant.

However, in full view of the following factors: (a) the Defendant agreed with the victim immediately after the sentence of the lower judgment was rendered; (b) the Defendant caused the result of the instant case by negligence; and (c) the Defendant’s age, sex, family environment, motive and background of the commission of the crime; (d) the means and consequence of the commission of the crime; and (e) various sentencing conditions as shown in the instant pleadings, such as the circumstances before and after the commission