Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

A. The defendant of mistake of facts did not commit assault against the victim as stated in the facts charged in this case, and there was no fact that the victim caused a sacrificing to the right, and there was no intention to do so.

Even if the Defendant’s act causes a loss to the right-hand side by the victim, it is difficult to regard such a loss as “injury” in the crime of injury.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (one million won of a fine) is too unreasonable.

2. Determination

A. The prosecutor of the Amendments to Bill of Indictment requested changes in the indictment in exchange for the following to the extent consistent with the original facts charged, to the extent that it is recognized as identical to the original facts charged, and as the case was changed by granting permission, the judgment of the court below cannot be maintained any more.

However, even if there are the above reasons for ex officio destruction, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, so it will be examined on the premise that the above facts charged was changed.

B. The summary of the revised facts charged is that the Defendant operates the Han-do rental store under the trade name “D” in the building B in Busan High-gu, and the victim E (V) operates the miscellaneous store under the trade name “G” from the F located in the shop of the Defendant.

On July 23, 2016, around 13:00, the Defendant installed several clothes on the above “D” side, and sought to bring the above clothes to the victim’s store on the ground that the Defendant interfered with his/her business, such as selling the goods for one’s own clothes, etc., and the victim was able to stop this.

As above, the defendant was found to have a strong force that the victim did not set clothes, and the victim's direction is the defendant.