The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In light of the fact that there is no fact that the defendant misunderstanding the facts on board a ice hold, and that the witness witness the scene of this case was located in the front of the defendant at the time of this case, there is a circumstance under which it is impossible to believe that the defendant cannot witness the scene of this case that occurred behind the defendant, and thus, there is a circumstance that the defendant cannot witness the scene of this case. However, the court below found the defendant guilty of the facts charged of this case based on the above statement of D, and there is an error of law

B. Even if it is not an unreasonable sentencing decision, the lower court’s sentencing (a fine of KRW 1.5 million) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances revealed by the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, it can be sufficiently recognized that the defendant faced with the shoulder, and that the victim suffered the injury due to the face of the victim.

① The Defendant was on board the instant ice Work, followed by the Victim C (Age 6) and his mother on board, and at the time of boarding, the distance between the Defendant and the Victim was about 1m 30cm.

② At the time when the victim and D were on board the ice-free workshop, the victim used DNA and white clocks together, and D was on board the ice-free workshop and appears to move back to the country of origin. As such, the distance between the defendant and the victim after boarding the ice-free workshop seems to have been higher than the time of initial boarding.

③ On the CCTV screen, the Defendant saw the room to board the ice, and laid the strings of the above strings by shouldering the strings, and if the Defendant reached the middle of the ice book, the strings of the strings of the face of D were left behind the strings of the strings, and the strings of the strings of the strings of the strings of the Defendant was displayed on the strings at the time, and the victim was the victim.