The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Although the Defendant was in conflict with the victim and fighting in body, the Defendant did not assault the victim by drinking 6 to 7 times, as stated in the facts charged, and did not interfere with the victim.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged in this case based on the statements of the victim and F without credibility is erroneous in misconception of facts.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the judgment of the court below as to the assertion of mistake of facts and the evidence duly adopted and investigated by the victim and the court of the trial, i.e., ① the victim and the F, at the time, made a statement corresponding to the facts charged at the investigative agency or the court of the trial, and the contents of the statement are consistent and considerably detailed (the statement about the situation at the scene before and after the commission of the crime or at the emergency room at the I Hospital is almost identical; ② The victim was first known and known at the first time with the victim and the next day of the instant case, and the victim was found to have been laundry due to the receipt of the laundry on the day of the instant case. ③ G at the time of the victim’s spouse, at the investigation agency and the court of the first instance, could not be deemed to have formed a special human relationship with the victim to the extent that the victim would have made a false statement, ③ The head of G at the time of the victim’s refusal to make annoy statement to the extent that he did not want the victim’s.