The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant, at the time and place indicated in the facts charged, has regarded the victim D’s chest as a elbbow, but there is no spitation of the victim’s face in the victim’s face and assaulting the victim by spiting brine with his hand, such as written in the facts charged.

B. The lower court’s sentence (1.5 million won in penalty) against an unfair defendant in sentencing is too unreasonable.

2. Judgment on the grounds for appeal

A. On September 21, 2016, the Defendant: (a) driven a road near the 396 Gangnam-gu Station in Gangnam-gu Seoul, Gangnam-gu, Seoul on September 21, 2016, and became a dispute between the victim D (36 tax) and the vehicle flow; (b) laid a taxi on the front of the exit-gu 10th parallel of Gangnam-gu, and then abused the victim by taking advantage of the victim’s face, embling the flaps, and sponsing the flab, etc. with the victim.

B. The lower court found the Defendant guilty of the instant facts charged on the basis of the victim’s written statement and the criminal investigation report hearing the victim’s statement.

(c)

The following circumstances revealed by the evidence duly adopted and examined by the lower court, namely, ① the Defendant, as well as the investigation agency, the lower court, consistently, stated that the chest of the victim was a blue under the blue system. Considering the content and attitude of the Defendant’s statement, and the impact of such statement on the instant crime, it cannot be ruled out that the Defendant’s statement appears credibility; ② the Defendant’s brue in the process of taking the victim’s desire to commit the instant crime. The content of the Defendant’s statement reported in 112 immediately following the instant case is that the Defendant’s blue and threatened the victim.

In light of the fact that “the defendant spits or spits the victim’s face” only with the evidence submitted by the prosecutor.