The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

가. 사실오인 피고인은 시각뇌병변 장애 1급에 거동이 불편하여 피고인이 사용하는 지팡이나 피고인의 발 등으로 피해자를 폭행할 수 없고, 가사 피고인이 피해자의 다리를 발로 찼더라도 고무신을 신고 있었기 때문에 살이 찢어지는 상처가 날 수 없다.

Nevertheless, the court below recognized that the defendant abused the victim by assaulting the victim and inflicted an injury on knee of the victim, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (three million won by fine) is too unreasonable.

(The petition of appeal submitted by the defense counsel of the original trial stated the unfair sentencing as the grounds for appeal, and stated that there is no time to pay a fine in the original judgment as a basic living beneficiary even in the statement of grounds of appeal submitted by the defendant. This decision is deemed to be included in the grounds for appeal.

A. According to the evidence duly adopted and examined by the court below, the defendant suffered knee, tear, etc. from the victim's knee, when the victim's knee, etc. was fele, and the victim reported 112 at home due to the defendant's assault. The police dispatched to the scene and confirmed knee, etc. of the victim, and the victim sent back to the hospital by 119 after the field investigation.

The statements in the investigative agency and court of the court below that the victim suffered bodily injury due to the defendant's appearance, etc. are somewhat exaggerated about the background of the assault and the degree of injury, but the injury corresponding to the facts of the crime of this case is specific, alternative, consistent, and there is no other motive to make a false statement on this part. Thus, the credibility of the statements is high.

The witness I testified to the effect that the victim made a false statement.