The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Since the court below erred by misapprehending the legal principles, the court below did not render a judgment dismissing the public prosecution on the charge of assault among the facts charged in this case, it erred by misapprehending the legal principles.

B. The punishment of the lower court (six months of imprisonment, two years of suspended execution, two years of protection observation) is too unreasonable.

2. Judgment on the misapprehension of legal principles

A. On September 29, 2017, the Defendant: (a) around 00:50 on September 29, 2017, on the part of the facts charged, reported to the police by the victim at the above place; (b) 2 times the victim’s chests were pushed down on two occasions; and (c) her part of the victim’s chests was her handed on one hand.

Accordingly, the defendant assaulted the victim.

B. The judgment of this part of the facts charged is a crime falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent pursuant to Article 260(3) of the same Act. According to the records of this case, the court below should have dismissed the prosecution of this part of the facts charged pursuant to Article 327(6) of the Criminal Procedure Act.

Therefore, the judgment of the court below is erroneous in the misapprehension of the legal principles as to the defendant's dismissal judgment under Article 327 (6) of the Criminal Procedure Act.

3. If so, the defendant's argument of misunderstanding of the legal principles is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is again ruled after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by this court is identical to the facts constituting an offense in the judgment below, except for deletion of paragraph (2) from among the facts constituting an offense in the judgment below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

The laws and regulations;