The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In determining the facts, the Defendant committed an error of mistake in determining the facts charged in the instant case, which was found guilty by the lower court, in spite of the absence of the victim C’s eligibility as witness.

B. The penalty of the lower judgment on the grounds of unreasonable sentencing (fine 1,000,000) is too unreasonable.

2. Determination

A. 1) As to the assertion of mistake of facts, E and D provide that “any person may be examined as a witness unless otherwise provided in any Act.” Thus, even if E and D jointly inflicted an injury on the defendant at the time of the instant case, there is no legal limitation on the Defendant’s statement as a witness of the instant facts charged that the Defendant inflicted an injury on the victim C and D. 2) In full view of the evidence duly adopted and examined by the court below, the Defendant and the victim C, who were under a divorce lawsuit at the Jung-gu District Court, in the above court parking lot, tried to cross the victim on August 22, 2012. At the time, the victim tried to have been removed from the left shoulder in the direction of cutting down the right side of the victim’s hand, the victim’s statement was made as a witness of the instant facts charged by the victim, and the victim could have been removed from the victim’s hand and the victim’s hand.

3. Therefore, it is just that the court below found the defendant guilty of the facts charged of this case by taking account of the evidence as stated in its reasoning, and the defendant in the judgment below.