The defendant's appeal is dismissed.

The lower court rendered a judgment dismissing a public prosecution on the charge of assault and assault among the facts charged, and only the Defendant appealed for mistake of facts as to the guilty portion and illegality of sentencing.

Therefore, the judgment of dismissal in the judgment of the court below is separated and confirmed as it is, and it is excluded from the scope of the judgment of this court, and only the guilty portion in the judgment of the court below belongs to the

Summary of Reasons for appeal

A. The Defendant is guilty of the above part of the judgment below, on the ground that the Defendant did not inflict an injury on the victim as to the number of days of treatment so that left hand can be lives by taking advantage of the victim’s face and left hand hand, and there is an error of misunderstanding the facts.

B. The sentence of the lower court’s improper sentencing (4 months of imprisonment) is too unreasonable.

Judgment

In light of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below as to the assertion of mistake, the court below's judgment on the above part is just and acceptable.

Therefore, the defendant's above assertion is rejected.

① From the investigative agency to the original trial, the victim borrowed money from the defendant who was in a relationship with him/her to demand repayment, and repaid 6 million won from the J on November 3, 2015, which took place on November 3, 2015, and the defendant suspected of having a relation with him/her was able to keep his/her body in his/her hand and her head, face, and left hand.

“In accordance with the details of the victim’s bank account, the victim received KRW 6 million from J on November 3, 2015 and paid KRW 6,300,00 to the Defendant on the same day, on the following grounds: (i) No. 8, 9 pages of the evidence records, No. 1, No. 69, 70 pages of the evidence records, No. 1, No. 97, 98, and 139 of the trial records: