The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. In order to avoid dispute with the victim, the defendant of mistake of facts is merely engaged in breathing breaths of the victim in order not to go beyond the middle of dispute with the victim, and even though there is no fact at the time of breathing of the victim, the judgment below which found the defendant guilty of the facts charged

B. The lower court’s sentence of an unreasonable sentencing (700,000 won) imposed on the Defendant is too unreasonable.

2. Judgment on the grounds for appeal by the defendant

A. The summary of the facts charged in the instant case is that C was a person who was working at the construction site of Ulsan-gu D apartment at the construction site, and the Defendant is a person who was working at the construction site at the construction site at the above construction site, and the Defendant is a person who worked

피고인은 2013. 5. 2. 12:00경 울산 중구 D아파트 건설현장 사무실 앞 노상에서 피해자인 C으로부터 ‘나잇값을 하라’라는 말을 듣고 차량에서 내려 피해자의 멱살을 잡고 흔들다가, 피고인이 뒤로 엉덩방아를 찧는 바람에 C으로 하여금 앞으로 넘어지게 하여 바닥에 무릎이 찍히게 하고, 이어 피고인은 바닥에서 일어나서 C의 뺨을 때려 피해자를 폭행하였다.

B. According to the following circumstances acknowledged by the records of this case, it is difficult to readily conclude that the Defendant committed an assault against the victim as stated in the facts constituting a crime in the original judgment, and there is no other evidence to acknowledge the same.

① On May 2, 2013, the Defendant complained of assault from the victim on the same day, and on May 13, 2013, the Defendant stated in the police that “the victim was frighted to breath in order for the victim to catch balth and balthize with balth, and let him go beyond the lower resistance, and suffered bodily injury.” The above statements are consistent to the present court until it reaches the present court.