The judgment of the court below is reversed.

Punishment on the accused shall be determined by a fine of KRW 500,000.

Defendant. A fine.

1. Summary of grounds for appeal;

A. Although the Defendant, misunderstanding the fact, was written in a breath of the victim’s breath, the Defendant did not inflict injury upon the victim when she was the victim.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. According to the evidence duly examined and adopted by the judgment on the assertion of mistake of facts, the fact that the Defendant, when she gets off the victim during a dispute with the victim, she first saw her to have his/her hand on the back left door (CCTV 1-11-14 second to 14 second to), the victim led her bather bat, who she was deprived of his/her bather bat, and thereby, he/she was able to have his/her batd on the part of the victim.

On the other hand, the victim took the front of the two descendants in the back of the open door at the court below, and the following is the defendant's own (49 pages of the trial record) and the defendant took the head debt at one hand and took the head debt at another hand.

증언했다( 공판기록 제 47 쪽). 그런 데 CCTV 영상에 의하면, 피고인이 열린 문 위쪽에 있던 손 외에 다른 손 주먹으로 피해자의 머리를 때리는 장면은 발견되지 않는다( 손의 밝은 색깔이 차량의 어두운 색과 구별된다). 또 한 피고인이 차량 문 위쪽에 있는 손으로 피해자를 때리려는 시늉을 하며 위협하는 장면은 확인되나, 영상에 나타나는 피고인과 피해자의 손의 위치나 움직임, 두 사람의 자세 등을 살펴보면, 그 손을 더 집어넣어 피해자의 머리채를 잡거나 때렸다고

It is difficult to see it.

The injured party stated in the police that “the Defendant was seated on the front her left side and her face and she was 4-5 peeped by drinking on the back side” (No. 19th page of the evidence record). However, the court of the lower court did not fit the front, and the Defendant stated that the Defendant was assaulted in the situation where the Defendant first fell on the front.