The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In fact, the Defendant is only a fact that he was able to attract the victim in order to restrain the assault by the victim, and there is no fact that he was sprinking in front of the victim, or that he was sprinking and pushed down the victim’s breath.

B. The punishment sentenced by the lower court (an amount of KRW 1.5 million) is too unreasonable.

2. Determination

A. We examine ex officio the grounds for appeal by the defendant before determining ex officio.

According to the evidence duly adopted and examined by the trial court, the defendant was sentenced to a suspended sentence of three years, protection observation, and community service order of 160 hours on October 24, 2014, and the judgment became final and conclusive on May 28, 2015, for the crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the Sungnam support by the Suwon branch of Suwon branch of Suwon branch of the Defendant.

Therefore, the crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) and the crime of violation of the judgment of the court below against the defendant, which became final and conclusive, shall be sentenced to punishment for the crime of violation of the judgment of the court below in consideration of the equality in the case where the judgment is to be rendered at the same time in accordance with Article 39(1) of the Criminal Act, since the crime of violation of the Act on Punishment

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for reversal of authority.

나. 피고인의 사실 오인 주장에 관한 판단 1) 원심 증인 F, G은 ‘ 피고인이 피해자와 옥신각신하다가 피해자 앞의 테이블을 걷어찼고, 이에 피해자가 넘어졌으며, 피해자가 일어난 다음 피고인과 몸싸움이 있었던 것을 목격하였다’ 는 취지로 진술하고 있는 점, 위 목격자들이 특별히 피고인에게 불리하게 진술하거나 피해자에게 유리하게 진술할 이유를 찾아볼 수 없는 점 등을 종합하면, 피고인이 피해자 앞의 테이블을 걷어 차 피해자를...