The judgment of the court below is reversed.

The sentence against the accused shall be determined by a fine of KRW 1,500,000.

Defendant. A fine.

1. The defendant of reasons for appeal has no record of assaulting the victim;

2. Determination

A. On October 12, 2015, the Defendant suffered the victim’s face by drinking alcohol on the ground that the victim C (23, 3, 500) was her age at the 4.19 tower entrance 85-6, a 85-gil-ro, the acquisition wing-ro, Gangnam-gu, Seoul, Seoul, and the victim C (23, 30, 500, 300, 2000, and 2-30, 14 days after walking the body of the victim, and then walking the body of the 14-day victim, resulting in the injury of the character of oral medicine, the impairment of the character of the mouth, and the string.

B. The lower court found the victim guilty of the facts charged as evidence of the victim’s legal statement, etc.

그러나 적법하게 조사하여 채택한 증거들인 피해자 사진의 영상 및 상해 진단서에 의하여 인정되는 객관적인 상해의 부위와 정도에 비추어 주먹으로 얼굴을 20~30 대 때리고 넘어진 피해자의 몸을 발로 걷어찼다는 피해자의 진술은 지나치게 과장된 것으로 보여 그대로 믿기 어렵다.

The lower court found the Defendant guilty of all the facts charged, thereby erroneous by misapprehending the facts.

However, in full view of the victim’s image and bodily injury diagnosis report, which is the evidence duly examined and adopted, and the statement of E, which is the police officer dispatched after receiving the report, the fact that the defendant suffered the victim’s face by hand for about 14 days, such as the injury necessary for medical treatment, damage to the integrity of the mouth, and strawing, etc. is sufficiently recognized.

3. The judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's assertion of mistake of facts is partially reasonable, and the judgment below is reversed and it is again decided as follows after pleading.

Criminal facts

On October 12, 2015, at around 21:40, the Defendant took the face of the victim C (23 tax, female) by hand on the ground that the victim C (23 tax, female) was under his age at the entrance of 5-6, 85-6, 4.19-6, in the entrance of the Gangseo-gu Seoul, Gangnam-gu.