The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The judgment below

The number of days of detention prior to pronouncement shall be one day.

1. Summary of grounds for appeal;

A. Defendant 1) In fact, the Defendant was aware of the victim’s face by drinking. However, the Defendant did not inflict an injury, such as cutting the victim’s head, knee, without kneeing the victim’s face, and did not inflict an injury on the victim.

2) The sentence of the lower court (an amount of KRW 5 million) that is unfair in sentencing is too unreasonable.

B. Prosecutor 1) The misunderstanding of facts and the misunderstanding of the legal doctrine were assaulted by the Defendant, referring to the attack which the victim previously stated as witness.

The statements are consistently made.

Considering these circumstances, it can be recognized that there was a purpose of retaliation against the defendant.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. We examine ex officio prior to judgment on the grounds for ex officio appeal.

According to the records, since the defendant was born on November 22, 1999 and was under 18 years of age, it is prohibited from the recovery of a fine by the main sentence of Article 62 of the Juvenile Act.

However, the lower court sentenced the Defendant to the custody of a prison prison with respect to a fine.

The court below erred in the misapprehension of legal principles.

However, there are such reasons for ex officio reversal.

Even if the defendant and the prosecutor's assertion of mistake and misapprehension of the legal principles is still subject to the judgment of this court, it will be examined.

3. Determination as to the mistake of facts and misapprehension of legal principles by the defendant and the prosecutor

A. 1) In full view of the following circumstances acknowledged by evidence, the Defendant’s knee face is recognized, taking account of the following circumstances acknowledged by evidence: (a) the Defendant’s knee face is recognized.

① 피해자가 2016. 7. 25. J와 메시지를 주고받으면서 2016. 7. 23. 있었던 폭행 사건에 관하여 피해자가 J에게 “A이 니 킥으로 깠다는 데 너도 알고 있었음 ” 이라고 묻자 J가 “ ㅇ ㅇ” 이라고 답하고, 이에 피해자가 “ 누가 그럼” 이라고 다시 묻자 J가 “ 내가...