The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (a factual error) is that the Defendant was unilaterally assaulted by Co-Defendant A (hereinafter “victim”) of the lower court and did not commit any assault against the victim.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the fact that the Defendant abused the victim as stated in the facts constituting the crime can be acknowledged.

Therefore, the defendant's assertion of mistake is without merit.

① The victim stated that the police officer called up at the time of the instant case assaulted the Defendant first at the time of the victim’s creaming, and the investigative agency and the court of original instance also stated in the court below that the Defendant delivered milk to the original Defendant’s business office and contained it in the cooling house. On the day of the instant case, the Defendant placed milk on the floor of the office room.

The defendant is to put the milk in a cooling house, and the delivery is many in Sundays, so it is said that he directly receives the milk in the future.

Defendant shall have the right to know “the Defendant,” and accordingly, the employee resisted that “the Defendant would not go too much to the Defendant,” and when the Defendant first saw the victim’s her block.

Since then, the Korean Supreme Court ruled that the defendant was able to live in a breath and the defendant's breath, and discussed each other.

'The defendant made a consistent statement on the background and content of the assault.'

② The above statements made by the victim are specific and natural, and the victim has made statements to the extent unfavorable to himself/herself, such as assaulting the Defendant and committing a bodily harm, and the credibility of such statements is recognized in light of the content of the statements, attitude of the statements, etc.

(3) The victim shall deliver milk to the defendant's business office, and the defendant shall have been delivered first directly on the day of the instant case.

As the police statement of the defendant, the victim is only the defendant.