The judgment of the first instance shall be reversed.

The sentence against the accused shall be determined by a fine of 300,000 won.

The above fine shall be imposed on the defendant.

1. Scope of the judgment of this court and the gist of grounds for appeal;

A. Of the facts charged in this case, the court of first instance rendered a not-guilty verdict on the part that the defendant prices the face of the victim and assaults the victim's face with his arms, and only the defendant appealed against the judgment of the first instance court, although the non-guilty portion of the reasoning of the judgment of the first instance was also reversed, the part is already deemed to be out of the object of public defense among the parties, and thus, the conclusion of the acquittal that the judgment of the first instance is in accordance with the conclusion of the judgment of the first instance and the judgment of the first instance is as follows.

B. The summary of the grounds for appeal is unreasonable in light of the following: (a) there is no criminal power against the Defendant in the judgment of this court; (b) the fact that the Defendant and the victim seem to have committed an contingent crime in the process of overcoming noise problem; and (c) the extent of causing injury to the victim does not reach the extent of causing injury to the victim; and (d) other various sentencing conditions shown in the argument of this case, including the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime; and (b) the fine of KRW 500,000, which the first instance court sentenced

3. According to the conclusion, the appeal by the defendant is justifiable, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered following the pleadings.

The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 260(1)1 of the Criminal Act, each of the applicable laws and the choice of punishment for concurrent crimes (the choice of fine). The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which aggravated concurrent crimes, shall be ordered to be provisionally paid on January 1, 200 of the Criminal Act.