The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal was the fact that the defendant assaulted the victim as stated in the facts of the crime when the defendant jointly tried with B, but there was no purpose of retaliation.

Nevertheless, the court below found the defendant guilty of assaulting the victim for the purpose of retaliation, which affected the conclusion of the judgment by misunderstanding the facts.

2. On June 7, 2012, the Defendant was sentenced to a suspended sentence of three years in one year and six months of imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) in the branch court of the Busan District Court (hereinafter referred to as the “Dong branch court”) and the said judgment became final and conclusive October 26, 20

On December 8, 2012, at around 00:30 on December 8, 2012, the Defendant, in collusion with B, expressed that the victim F (n, 52 years of age) was injured and the Defendant was sentenced to conviction as above, the Defendant expressed the victim’s statement of injury and received the judgment of conviction as above. B expressed the victim’s desire to “I am for launch, and I am for accusation,” and expressed the victim’s face. The Defendant was a beer who was on the table table.

At the same time, the victim expressed his/her desire to "Isia and retaliation", and tried to assault the victim by emphasizing the victim's face.

3. Determination

A. In order to establish a crime under Article 5-9(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 260(1) of the Criminal Act, “the purpose of retaliation against the provision of a criminal investigation report, such as accusation or complaint, statement, testimony or submission of materials in connection with the investigation of or judgment on a criminal case against the offender or another person” is to be determined reasonably in light of social norms by taking into account various circumstances, including the offender’s age and occupation, personal factors, motive and circumstance of the crime, method and method of the act, identity relationship with the victim, and circumstances before and after the crime.