The judgment of the court below is reversed.

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

The defendant does not pay a fine.

1. Summary of grounds for appeal;

A. Although there was a fact that the defendant alleged a mistake of facts had blicked the victim’s breath, there was no fact at the time of her buck, and the defendant did not injure the victim.

B. Even if the conviction of the lower court is found, the lower court’s punishment (one million won of a fine) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mistake of facts, the fact that the Defendant inflicted an injury by assaulting the victim as stated in the facts charged can be fully recognized.

(A) The defendant, upon being examined by the police, stated that he was her at one time with breath’s left side and her breath’s boom. Therefore, the defendant’s assertion of mistake of facts is without merit.

B. The instant crime of determining unfair sentencing seems to have been committed by the Defendant on a contingent basis in the course of demanding the interest on the money lent to the victim, and the victim also had exercised physical power between the two parties, such as flating the flat, etc. of the Defendant’s flat. However, considering the fact that the Defendant’s failure to file a complaint against the victim, the victim is not subject to any punishment, the economic situation of the Defendant is not good, and other factors that serve as conditions for sentencing, such as the Defendant’s age, character and conduct, motive for the instant crime, and circumstances after the instant crime, the lower court’s punishment is somewhat heavy.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 of the Criminal Act applicable to the crime and the choice of punishment.