The judgment of the court below is reversed.

Defendant shall be punished by a fine of 300,000 won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

가. 사실오인 피고인은 피해자의 모자를 툭 친 사실은 있으나, 원심 판시와 같이 피해자의 턱 부위를 때려 폭행한 사실은 없다.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the defendant's assertion of mistake of facts is not justified, since it is sufficiently recognized that the defendant committed assault by making the victim's drinking only one time due to the victim's drinking time when he brought the victim's goods.

3. In light of the circumstances and contents of the instant crime, the crime is bad in light of the background and contents of the instant crime, the Defendant’s repeated criminal punishment despite having a history of criminal punishment several times for the same crime, etc., but the degree of violence is not relatively heavy, the circumstances of the instant case may be considered, the Defendant is difficult to be considered as a recipient, and other various sentencing conditions specified in the records and arguments, such as the Defendant’s age and behavior environment, the circumstances before and after the instant crime, etc., are considered to be somewhat unreasonable.

4. The decision of the court below is reversed in accordance with Article 346(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is ruled again after pleading.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;