The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (the factual error) did not err by assaulting the victim D or injuring the victim E, but the court below found the defendant guilty of the facts charged in this case. The court below erred by misapprehending the facts and affecting the conclusion of the judgment.

2. Determination

A. In light of the following circumstances revealed by evidence duly adopted and investigated at the lower court, the Defendant’s use of the victim D as stated in the facts charged of this case can be acknowledged as having assaulted the victim D as indicated in the instant facts charged.

① The police officer in charge of the Military Police Station arrested the Defendant and the victim D as an offender in the act of committing domestic violence at the time and place indicated in the instant facts charged, and at the same time, the Defendant and the victim D used violence. The instant case was recognized as a domestic violence case.

② The Defendant, after being arrested as a flagrant offender at the time of the instant case, had been released on the day of the instant case, had not raised any objection to the arrest of the victim as an flagrant offender in the absence of any assault against the victim D.

③ The victim D appeared as a witness in the court of the court below and stated that the Defendant was aware that he was about his her scarcity at the time of the instant case, and that he was scarcityd to his her scarcity and was scarcityd to his scarb, thereby clearly memorying the situation at the time of the instant case. While the victim D was 7-year leisure time, it is persuasive in the explanation about the circumstances in which the instant case was memoryd, and thus, credibility is credibility in the

④ According to the police opinion of the police, the victim D was sent to the prosecutor’s office on the ground that he assaulted the Defendant on the day of the instant case, which means that the Defendant and the victim D were in fighting their bodies on the day of the instant case.