The judgment of the first instance is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

A. Since the Defendant had the victim expressed his will to her her friend, the Defendant was only scambling the victim's chest in order to attract attention, and did not inflict any injury by taking the victim's shoulder around the victim's shoulder.

B. The first instance of the unfair sentencing decision (the fine of 300,000 won) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the first instance court as to the assertion of mistake of facts, the fact that the Defendant inflicted an injury on the victim’s left shoulder as shown in the judgment of the first instance can be sufficiently recognized.

The defendant's assertion of mistake is without merit.

B. As to the assertion on unfair sentencing, the Defendant did not have any particular criminal record except for one-time punishment by a fine in 1989.

The degree of injury is light.

The victim had the right to file a complaint under the mutual consent between the defendant and the victim.

The defendant has a defect of hearing and is also difficult to live a life style.

In addition, in full view of the Defendant’s age, character and conduct, environment, family relationship, motive, means and result of the crime, and all of the sentencing conditions shown in the records and pleadings, the first instance court’s punishment is somewhat inappropriate.

The defendant's assertion of unfair sentencing is justified.

3. As such, the defendant's appeal is reasonable, and the judgment of the court of first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. A fine not exceeding 300,000 won to be suspended;

1. Articles 70 and 69(2) (one hundred thousand won per day) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014).

1. Article 59 of the Criminal Act of the Suspension of Sentence