The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of fact-finding, the defendant sufficiently recognized the defendant's assaulting of the victim.

B. The sentence sentenced by the court below against the defendant who was unfair in sentencing (the imprisonment of eight months and the suspension of the execution of two years) is too uncomfortable.

2. Determination

A. On December 16, 2015, this part of the facts charged regarding the assertion of mistake of fact is that the Defendant committed assault by the victim’s shoulder by hand on the ground that the Defendant’s “B office” in the Songpa-gu I and 102 of the Seoul Songpa-gu Seoul Metropolitan Government Office was against the Defendant for the reason that “the Defendant paid the rent or ordered the office.”

In light of various circumstances acknowledged by the record, the court below held that it is difficult to believe the victim's statement corresponding thereto, and the remaining evidence alone used to assault the victim.

It was determined that there was a lack of view.

In light of the records, the judgment of the court below is correct.

Therefore, the judgment of the court below that acquitted the facts charged in this part is erroneous as a mistake of facts.

subsection (b) of this section.

The prosecutor's above assertion is without merit.

B. It is recognized that the illegal defendant paid part of the monthly rent late.

However, even though the defendant is delivered the leased object from the victim without the intention and ability to pay the leased deposit and monthly rent, is demanded by the victim to pay the monthly rent, etc., it is about 11 months of possession, the nature of the crime used is poor, the amount equivalent to the amount of damage remains not yet recovered, and the victim suffered mental damage for a long time due to the above crime committed by the defendant.

It seems that the defendant repeats the crime even three times with the punishment history as a crime of fraud, and the issuance of a false tax invoice and the submission of a list of total account statements by seller on false entries are minor.

(2) the Corporation.