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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,500,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles 1) The victim D related to 2015 Go-Ma4176 was aware of the fact that the victim D was about three times in the hands of the defendant by blocking the defendant's career, but did not assault the victim by drinking, and the above act of the defendant constitutes a justifiable act. 2) The defendant was merely her hand to escape from the victim E, etc. surrounding the defendant related to 2015 Go-Ma4571 and did not intend to assault the victim E, and it constitutes a justifiable act.
B. The lower court’s sentence of unreasonable sentencing (fine 4 million won) is too unreasonable.
2. Determination
A. Regarding the assertion of misunderstanding of facts and misapprehension of legal principles as to the case 1) victim D and witness I consistently made a statement from an investigative agency to the court of original trial from the court of first instance to the court below. According to CCTV recording data in the field situation at the time, the defendant and the victim face each other in the elevator before the elevator, if the defendant and the victim face each other in the above elevator before the elevator, it is confirmed that the above victim's body is pushed back, and in the voice recording file where the field situation at the time is recorded, it can be confirmed that there is a shock that the defendant and the victim are presumed to have occurred in the process when the above victim were the victim. In full view of the above circumstances, the defendant's assertion of misunderstanding of facts is not acceptable as to the defendant's act of assaulting the victim's chest as stated in the facts charged.
The following facts and circumstances, which can be acknowledged by each evidence duly adopted and examined by the original court and the trial court, i.e., the defendant, at the time of the instant case, voluntarily lower the elevator from the elevator.