The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In the process of Defendant D’s compulsory opening of the Defendant’s office entrance, it is difficult to view that Defendant D’s statement was false that Defendant’s shoulder and arms fell against the Defendant’s entrance, and even if it was false, it is difficult to view that Defendant D submitted a written statement to have reported the Defendant for the purpose of having D receive criminal punishment.

B. Prosecutor 1) The Defendant’s instant crime of assault by mistake of facts cannot be deemed as an act to block the victim’s video shooting and escape from the scene of the instant case, and thus does not constitute a justifiable act. 2) The lower court’s sentence of unreasonable sentencing (fine 1,00,000) is too uneasible and unfair.

2. Determination

A. The following facts or circumstances revealed from the evidence legitimately adopted and examined by the court below as to the defendant's assertion. ① The images submitted by the defendant to an investigation agency were taken around 12:51 on December 24, 2016, and according to the above images, D took a motion picture around C office and opened the entrance, and the defendant was confirmed as to whether D was faced with the defendant, but it was not confirmed as to whether D was faced with the defendant's office, ② D submitted a motion picture near the defendant's office at the same time and at the same time. According to the above images, D was deemed to have not been inside the entrance of the defendant at the time when D opened the above temporary entrance. ③ The defendant was already found at the above location prior to about 10 minutes prior to the above temporary entrance, and the defendant filed a report on D's right entrance at the same time and reported it to the police officer at the same time, but the defendant did not immediately face the defendant's allegation that D was not sold to the police officer at the same time.