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The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
Reasons
1. Summary of grounds for appeal;
A. In relation to the crime of assault, the Defendant is not recognized to have a public performance since it was true that the damaged person faced with his body and her body, and did not have the victim sited, and that he saw the victim as stated in the facts charged in relation to the insult crime.
(c)
The punishment sentenced by the court below (one million won) which is unfair in sentencing is too unreasonable.
2. Determination
A. Determination as to the assertion of mistake of fact 1) The following circumstances, which were duly adopted and investigated by the court below, namely, the evidence duly adopted and examined by the court below: ① The victim has consistently made a statement to the effect that “the victim has not been faced with the defendant due to the smuggling of the defendant, which exceeded the floor,” and ② the victim was hospitalized at the above hospital by April 15, 2016 after being treated by the Hneary branch outside of Seoul, Chungcheongnam-gu, Seoul, and then was hospitalized by the above hospital until the 18th day of the same month, after being treated by the victim at the above hospital, and the doctor H who treated the victim at the above hospital was the date of the instant crime and prepared a written diagnosis of injury to the light base, etc. with the expected treatment period of 14 days in light of CCTV images, recording, etc., it can be recognized that the defendant exceeded the victim.
Therefore, the defendant's assertion that this part of facts is erroneous is without merit.
2) Public performance in the crime of insult means a state in which many and unspecified persons can be identified (see Supreme Court Decision 83Do49, Apr. 10, 1984, etc.). In full view of the evidence duly admitted and examined by the court below, the following circumstances, namely, ① The victim was insulting from the Defendant among multiple people, which is the police.
10 people around, and 10 people around, have stopped.