The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. Summary of the grounds for appeal (the factual error and inappropriate sentencing)

A. Although there was a misunderstanding of facts that the defendant expressed the victim's desire, there was no assault against the victim.

Nevertheless, the judgment of the court below that found the defendant guilty of the facts charged of this case is erroneous in misconception of facts.

B. The lower court’s sentence (two million won of fine) imposed on the Defendant is too unreasonable.

2. Determination

A. In full view of the following facts and circumstances acknowledged by the lower court’s judgment as to the assertion of mistake of facts and the evidence duly adopted and investigated by the party, the Defendant’s assertion of mistake of facts cannot be accepted, on the ground that the Defendant was able to recognize the fact that the victim was injured by having breath with the hand hand with dubbage, and by having the victim pushed breath in the form of dubb, thereby making the victim injured

(1) The defendant acknowledged that he was able to take care of the victim who was on duty after entering the watchkeeping room, but asserts that he did not flab the victim's breath or flab the victim.

② With regard to this, the victim consistently stated that, from the time of complaint to the court below’s decision, the victim had consistently carried the victim’s breath and threatened the victim with drinking with other hand, and had the victim pushed the victim with her hand.

③ Examining the result of the lower court’s examination of CCTV images taken up the entrance door of the watchkeeping at the time of the occurrence of the instant case, the Defendant, at around 20:25, posted out of the watchkeeping room at around 50 seconds of the date of the occurrence of the instant case, was able to find out the facts between the Defendant and other employees on the second floor at around 20:26.

The defendant took a bath without exercising the victim's tangible power for the above 50 seconds, and the defendant went to the watchkeeping room once again, and then comes to the ethicization.