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The judgment of the court below is reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. Although there was a misunderstanding of facts or misunderstanding of legal principles that the Defendant had a view to leaving a book that had been protruding a storm, the lower court convicted the Defendant, even though there was no fact that the Defendant had thrown up a storm for the victim or had a book that had been protruding. In so doing, the lower court erred by misapprehending the legal doctrine, or by misapprehending the legal doctrine.
B. The sentence (one million won of fine) imposed by the court below on the defendant is too unreasonable.
2. Determination
A. The following circumstances acknowledged by mistake of facts or misapprehension of legal principles and duly adopted and examined by the court below, namely, the defendant discovered that computer files were deleted and made them out to the victim, and the defendant did not exercise the physical force against the body of the victim on the ground that the Defendant did not have any big control over the storm, but if the Defendant’s residence is very narrow as the Defendant asserts, the Defendant was the head of the victim’s disease.
In light of the fact that the force that became the wind of the wind was very difficult, and that the defendant stated that the head was not significantly different from the wind of the victim to avoid the wind of the wind, and that the defendant did not keep the wind, so the wind did not have any big force, but did not fall on the floor, and the crime of assault was established when the body was exercised. Considering the fact that the defendant who was the victim was exposed to a narrow place and reached the victim's physical condition, it is recognized that the defendant committed an assault against the victim, by taking account of the fact that the victim's physical condition is evaluated as the exercise of force against the victim's body, it is recognized that the defendant committed an assault against the victim.