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. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal doctrine that recognized the Defendant’s crime of injury even though the Defendant did not assault D at all, thereby adversely affecting the conclusion of the judgment.

B. The Defendant only stated only the assertion of mistake of facts, but also stated the final opinion to the effect that the Defendant’s defense counsel would take a preliminary action on the date of the trial at the court of appeal, which is regarded as the assertion of unfair sentencing

The punishment of the lower court (one million won of a fine) is too unreasonable.

2. Determination

A. In full view of the following circumstances, comprehensively taking account of the evidence duly admitted and examined by the lower court and the first instance court, such as witness V and W’s statement in the court room, etc., of the judgment on the assertion of mistake of facts, it can be sufficiently recognized that the Defendant was at least once at the time, and that the Defendant suffered injury, such as the facts charged, in excess of D.

① A consistent statement was made to the effect that D’s statement is inconsistent in frequency and patterns of assault, or that D’s statement was not consistent in the process of assault, or that at least a part of the situation was inflicted an assault by the Defendant, and that D’s statement was consistently made at the investigation agency and the lower court, consistent with the lower court, to the effect that “The Defendant had directly observed D’s inside and outside of D while hing the Defendant’s bath at one time, and caused it to go beyond D.”

② On September 26, 2012, the day immediately following the date of the instant case, the victim received medical treatment from a hospital or a pharmacy or received medical treatment from a medical specialist on September 26, 2012, and issued a medical certificate of injury in which the clinical opinion of the above medical specialist was stated. The degree of injury stated in the instant medical certificate is about two weeks prior to the death, and it is clear that D is an old aged citizen and it was beyond due to the Defendant’s assault.