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. The judgment of the court below that found the defendant guilty of the facts charged of this case, although the defendant did not assault the victim as stated in the facts charged of this case, and the victim expressed his intention not to punish the defendant in the court below, is erroneous in the misunderstanding of facts or in the misunderstanding of legal principles.

B. The lower court’s sentence (2 million won in penalty) against an unfair defendant in sentencing is too unreasonable.

2. Judgment on the grounds for appeal by the defendant

A. Regarding the assertion of mistake of facts, the victim is consistently consistent from the police investigation stage to the court of original trial, relatively consistent from the police investigation stage to the court of original trial, to the effect that "the defendant's act, while driving on behalf of the defendant at the time of this case, was taking the attitude that the defendant, who was seated on behalf of the defendant at the time of this case, continued to drive on the side and left on the side, but the defendant opened a door towards the driver's seat and left the back of his own seat," and there is no particular circumstance to suspect the credibility of the statement [the defendant is argued to the purport that he reversed the statement made at the time of the previous police investigation by the victim's statement that the victim was born on his own at the driver's seat at the court of original instance. However, considering the contents of the statement made by the court of original instance, it appears that the victim was able to find the defendant guilty as to the facts charged by the defendant, such as the content of the victim's statement at the time of the police investigation (7th day of the evidence).

2) Meanwhile, on the other hand.