The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

가. 사실 오인 피고인은 피해자의 얼굴을 발로 1회 찼을 뿐 가방으로 피해자의 얼굴을 수회 때리거나 넘어진 피해자의 얼굴과 몸통을 발로 수회 걷어 찬 사실이 없다.

B. The sentencing of the lower court’s unfair sentencing (six months of imprisonment and two years of suspended sentence) is too unreasonable.

2. Judgment on the grounds for appeal

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined at the court below's determination on the assertion of mistake of facts, the defendant can be recognized as supporting the defendant's face at one time as stated in the facts constituting a crime in the court below, and the defendant's face and body walked from several times due to the appearance of the victim's face and body. Thus, there is no error of law of misconception of facts as alleged by the defendant in the court below's judgment. Thus, the defendant's assertion of mistake of facts is without merit.

At the time of the police investigation, the victim "at the time of the police investigation, in the situation where the victim took a bath between the defendant and the victim was set, and the victim tried the victim by continuing to display the defendant's abundance, and the victim was able to do so.

’라고 진술하였고, 피고인 역시 피해자에게 가방을 휘두르고 발로 찼다고

was stated.

The defendant's defense counsel is aware that in the front door drawn up by the victim on September 3, 2017, the defendant's defense counsel is not aware that the defendant does not have any injury in addition to face of the victim.

In light of the contents of the above list, the defendant cannot be viewed as supporting the victim's face and body.

2. The grounds for appeal are with merit.

However, the petition submitted by the victim to the court below on May 12, 2017 was submitted by the victim to the court of the court below without any circumstance as to drinking and shot after the defendant left the documents several times.

“The petition submitted in the court of the court below on June 12, 2017 is written as “,” and is written as a solid document, which “the defendant spreads a bath that the victim cannot enter the court of the court of the court below.”