The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

1. The gist of the grounds for appeal is that the defendant was unilaterally assaulted by the victim and has not committed an offense against the victim.

The lower court found the Defendant guilty of the facts charged in the instant case.

2. Determination

A. The following circumstances are acknowledged according to the evidence duly adopted and examined by the lower court in determining the assertion of mistake of facts.

The victim stated consistently from the investigative agency to the court of the court below that the defendant committed an assault, such as cutting down the parts of the victim's neck and shaking the victim's neck.

Defendant also stated in the police that he was sealed with the victim’s interest.

(증거기록 제15, 24쪽). 피해자는 이 사건 당일인 2012. 3. 17. 병원에서 약 2주간 치료를 요하는 목 및 왼턱 부위 좌상을 입었다는 진단을 받았다.

According to the video images of the victim taken immediately after the instant case, the upper part of the victim is red.

In full view of the above circumstances, it can be sufficiently recognized that the defendant has credibility in the victim's statement and the defendant has inflicted an injury by assaulting the victim's neck.

The judgment of the court below which found the Defendant guilty of the facts charged of this case is just, and there is no error of law by mistake.

B. After receiving a fine for violating the Punishment of Violences, etc. Act on the Punishment of Violences, etc. in 1995, the Defendant has no record of criminal punishment.

The Defendant, as a result of the change of the tea between 15 and one of the victims who live in her own 15 years of age and her one’s one’s other, led to the instant crime of this case, when the victim first takes a bath, which led to the wind.

The degree of injury suffered by the victim is relatively minor, and the defendant was also subject to violence from the victim and received hospital treatment.

When the defendant is currently aged 68 years, and considering all the sentencing conditions shown in the records and arguments of this case, such as character, conduct and environment of the defendant, the punishment imposed by the court below is unreasonable.

3.