The judgment below

The guilty part shall be reversed.

Defendant

A shall be punished by imprisonment of 1 year and 10 months, and by imprisonment of 10 months, respectively.

1. Summary of grounds for appeal;

가. 피고인들( 유죄 부분에 대하여) ⑴ 피고인 A ㈎ 사실 오인 1) 횡령의 점에 대하여 피고인이 I으로부터 받은 2,500만 원 중 900만 원을 피해자에게 지급하지 않은 것은 피고인이 피해자와 사이에 피해자에게 빌려준 4,000만 원의 대여금 채권과 상계하기로 합의하였기 때문이므로, 피고인에게는 불법 영득의 의사가 없었다.

2) As to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (such as the assault, special assault, special bodily injury, and driver’s assault, etc.) except for those of the special assault committed on April 15, 2015, the victim continuously reversed his/her statement during the period of the assault without properly specifying the date when the victim was assaulted, and the victim was assaulted.

In light of the fact that it is clearly recognized that part of the date when the defendant stated, the victim's statement has no credibility as a whole.

② On April 2, 2015, the victim did not have been assaulted by the Defendant on April 2, 2015 when he/she investigated by the prosecution.

In light of the fact that this part of the facts charged is proved.

It is difficult to see it.

③ In light of the fact that on April 3, 2015, the Defendant sent the Kakao Stockholm message with the content of day-to-day on the day when the Victim and J continuously reversed his statements, and that some parts of the Defendant were inconsistent with each other to reverse the Defendant’s statements, it was proved that this part of the facts charged was proven.

It is difficult to see it.

④ In light of the fact that each special assault committed on April 7, 2015, April 9, 2015, April 2015, April 10, 2015, April 13, 2015, and April 13, 2015, the victim and J’s statements are inconsistent with the objective facts that B did not go to Japan, this part of the facts charged is proven.

It is difficult to see it.

(5) On April 14, 2015, the accused is in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and assault between the victim and the J.