The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Fact-misunderstanding and legal principles are less than the victim's snow part at the time of the instant case, but the injury of the victim's part of the baby was not caused by the Defendant's assault, but caused by spawnitis where the victim was suffering from the ordinary part of the victim. Thus, there is no relation between the Defendant's assault and the above injury suffered by the victim and the victim.

B. The punishment sentenced by the lower court against the Defendant (an amount of four million won) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

According to the records, the defendant was sentenced to 6 months of imprisonment with prison labor and 200,000 won for special injury at the Incheon District Court on September 11, 2020, and the above judgment became final and conclusive on November 17, 2020. As such, the crime for which judgment became final and the crime of this case in relation to concurrent crimes after Article 37 of the Criminal Act are in relation to a group of concurrent crimes, a punishment shall be determined by taking into account the case where a judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act and equity, so the judgment of the court below is no longer maintained

However, the defendant's assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of this court, and this is examined below.

3. Judgment on the misapprehension of facts and misapprehension of legal principles

A. The Defendant asserted to the same effect in the lower court’s judgment, and the lower court rejected the Defendant’s assertion on this point on the following grounds.

Defendant

In addition, the defense counsel argues that the defendant was at the time of the victim's eye, and there was no knives or spacks, and that the victim suffered from the chronic sprinkitis, and that the injury of the baby is not caused by the defendant's assault.

However, according to the evidence duly adopted and examined by this court, the defendant spawnizes the victim into the car and drink.