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 in the summary of the grounds for appeal does not appear to have committed the victim at the time of this 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.

Judgment

In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the Defendant’s assertion, namely, the victim’s investigation agency and court of the lower court’s trial to the extent that it is impossible to make a statement if the victim did not directly experience the victim’s statement, that is, the victim’s statement at the investigative agency and court of the lower court is specific and consistent to the extent that it is impossible to make a statement, as well as the circumstances where the victim’s statement is natural and does not appear to be false, and thus, the victim’s injury level and degree as stated in the injury diagnosis document are consistent with the above injury statement

Therefore, the defendant's assertion is without merit.

The appellate court, ex officio, examines the sentencing of the defendant, may decide ex officio on the grounds that affect the judgment, even where the grounds for appeal are not included in the statement of grounds for appeal (Article 364(2) of the Criminal Procedure Act), and where the defendant appealed on the sole ground of mistake of facts, ex officio the judgment of the first instance court may reverse the judgment on the grounds of unfair

(See Supreme Court Decision 90Do1021, Sept. 11, 1990). The Defendant was found in the factory of this case for the purpose of receiving the money that his wife lent to the D president before several years, and there are circumstances that may be considered in the motive or circumstance of the crime.

The extent of violence inflicted on the victim by the defendant at the time of the instant case and the degree of injury inflicted on the victim is relatively minor.

The defendant is the first offender.

The above circumstances and the defendant's age, character and conduct, environment, family relationship, and crime.