The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

The seized gas stuff (No. 1).

Summary of Grounds for Appeal

A. misunderstanding of facts and misunderstanding of legal principles by using the victim's growth floor and gas strings in the atmosphere of a tree, the Defendant’s act was futile with the victim’s horse because the victim’s horse was not heard. The Defendant’s act was legitimate exercise of parental authority. However, the judgment of the court below convicting the Defendant of the facts charged of this case by misunderstanding of facts or misapprehending of legal principles, which affected the conclusion of the judgment.

B. The lower court’s sentencing (three-year imprisonment) is too unreasonable, even if not, on the other hand.

Judgment

A. We examine ex officio the grounds for appeal by the defendant prior to determining ex officio.

Of the facts charged in the instant case, the charge of assault is a crime falling under Article 260(1) of the Criminal Act and constitutes a crime of non-compliance under Article 260(3) of the Criminal Act.

In full view of the facts that C submitted to the lower court on August 25, 2014, prior to the pronouncement of the lower judgment on August 25, 2014, the victim considered that the victim expressed his/her genuine intent to refuse to punish the Defendant.

Therefore, even though the public prosecution of this case should be sentenced to a judgment of dismissal of prosecution pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act, the court below sentenced the judgment of conviction.

In this respect, the judgment of the court below is no longer maintained.

However, the defendant's assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of this court.

B. The following circumstances acknowledged by the lower court based on the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts and misapprehension of legal doctrine, i.e., the Defendant’s physical use of the Defendant’s body, rather than merely harming the victim, but gas protection, which is a wooden atmosphere