The judgment of the first instance shall be reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. The Defendant only committed an act to the extent that he gets out of his left arms with the intent to protect order, and thus cannot be viewed as an assault, and there is an intention to commit an assault against the Defendant.

shall not be deemed to exist.

In addition, there is no negligence, predictability, or causal relation with the result of the injury because it is not easy for people to easily predict and easily due to such act.

(b) the sentence sentenced by the first instance court (a penalty of KRW 3.5 million) is too unreasonable;

2. Determination

A. According to the evidence duly adopted and examined by the first instance court and the first instance court, the Defendant is acknowledged to mean that the victim refers to the victim, who is dissatisfied with his/her complaint that prevents the middle of the elevator, and that the victim was pushed toward his/her left arms (in this case, the victim seems to have been contacted), followed by the fact that the victim was significantly in excess of the victim’s future.

In light of the circumstances and the situation at the time of the instant case, it is sufficiently recognized that the above act by the Defendant constitutes an assault as an exercise of physical tangible force against a person’s body, and that the Defendant had an intentional act of assault.

On the other hand, according to the evidence, the victim suffered bodily injury, such as light-to-face transfusion, which goes beyond the floor of the locker as above and requires approximately six weeks of treatment. According to CCTV video CDs, if the defendant had been a general person, the victim could not be unbrupted so far to the extent that the center was shaken, but the victim was a senior citizen of the age (79 tax) so there is sufficient risk that the victim will lose the center of the victim's impact.

Therefore, even though the defendant suffered some serious injury compared to the defendant's assault degree, the victim suffered little serious injury.

Even if there was a causal relationship between the defendant's assault and the result of the victim's injury, and there was a possibility of expectation about the result of the defendant's injury at the time.

I seem to appear.

Therefore, it is true.