The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

The Defendant, as to the summary of the grounds for appeal, has heard the speech that he would leave the center for older persons at the time of the instant case, and had a dispute with the victim. However, there was no desire or injury to the victim as described in the facts charged in the instant case.

Nevertheless, the judgment of the court below which convicted the defendant of the facts charged of this case is erroneous in the misapprehension of facts and affected the conclusion of the judgment.

The punishment sentenced by the court below to the defendant (the amount of 500,000 won) is too unreasonable.

Judgment

According to the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake, the Defendant could sufficiently recognize the fact that the Defendant insultd the victim and inflicted bodily injury on the victim as stated in the instant facts charged, so the Defendant’s assertion of mistake of fact is without merit.

Victim F is generally consistent in the investigative agency and the lower court court’s trial. “The Defendant, at the time of the instant case, comes to dispute between E and the president of the senior citizen’s association at the time of the instant case, and at the same time, the victim F is the Defendant at the road where the Defendant was lux.

In addition, the Defendant stated that “I am Ga Ga Ga Ga Ga Ga Ga Ga Ga, this kind of human body,” and the Defendant still remains pleas with the victim’s left hand, etc. Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga.”

“The F’s statement may be trusted in light of the fact that the F’s statement is specific and consistent to the extent that it is impossible to make a statement if it was not directly experienced.

E, H, and I’s legal statement in the original instance are consistent with the above statement of the victimized person, and G also was “At the time of the instant case, the center for senior citizens was put in the kitchen at the time of the instant case, but the Defendant and F were mard with each other while the Defendant and F were born.

Since then, the F F's flicks were flicked with F's hand, and the World Cup was flicked as a flick.

- state “........”