The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant did not interfere with the victim D at the time and place indicated in the facts charged in the instant case, and even if D was later prone, the lower court found the Defendant guilty of assault against the victim D, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unfair sentencing (two-year suspension of imprisonment for three months and probation) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below: (i) A consistently makes a statement that the defendant was in excess of the defendant's body, in the situation where the police and the defendant faces himself/herself until the court below rendered the judgment; (ii) E is consistent with D's statement because the defendant testified that he/she was not in excess of D's body, but he/she was witnessing that he/she was in excess of D's body; and (iii) at the time of the instant case, the defendant sought a conversation with D's body while he/she was trying to avoid it; and (iii) at the time of the instant case, the defendant was in excess of D's body while D's body was trying to escape it, and thus, it is not acceptable to accept the defendant's assertion of mistake of facts, in light of the above evidence, since it is sufficiently recognized that the defendant was in excess of the victim's body.

B. We examine the argument of unfair sentencing, and do not clearly indicate the Defendant’s circumstances before the opening, and did not reach an agreement with the victims until the trial was held. The Defendant again committed the instant crime even though he was punished by a fine of KRW 2 million on the basis of an injury to the victim D in 2014.

However, the defendant found victims.