The judgment of the first instance is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant, on the basis of a mistake of fact, did not get the victim’s head into the body.

B. The first instance sentencing of the Defendant on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the first instance court as to the assertion of mistake of facts, the defendant was found to have committed assault by putting the victim's head head into the defendant's body, as stated in the judgment of the first instance court.

Therefore, the defendant's assertion of mistake is without merit.

B. In full view of the following circumstances: (a) the Defendant’s primary offender; (b) the victim’s assault is not deemed to have been serious; and (c) the Defendant’s age, character and conduct, environment, and family relationship and other various conditions attached to the sentencing conditions indicated in the records, the sentencing of the first instance court on the Defendant is deemed unfair, and thus, the Defendant’s argument on the unfair sentencing

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court of first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered through pleading

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in the corresponding column of 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. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;