The judgment of the court below is reversed.

The sentence of sentence shall be suspended for the defendant.

1. Summary of grounds for appeal;

A. The judgment of the court below is erroneous in the misunderstanding of legal principles, which affected the conclusion of the judgment, since the judgment of the court below was not admissible as evidence.

B. Since the Defendant did not inflict injury on the victim of mistake, the court below found the Defendant guilty of the facts charged in this case erred by mistake of fact.

C. The penalty of the lower judgment on the grounds of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Determination

A. We examine the misapprehension of the legal principle’s assertion. According to the records of this case, the Defendant consented to the use of the injury diagnosis certificate as evidence, and there is no evidence to acknowledge the authenticity of the injury diagnosis certificate, and the lower court did not have the admissibility of evidence.

However, the remaining evidence cited by the judgment below is sufficient to recognize the facts charged in this case. Thus, the above error by the court below does not affect the conclusion of the judgment, and the defendant's assertion is without merit.

B. In light of the evidence duly admitted and examined by the court below, the court below's finding the defendant guilty of the facts charged of this case based on the evidence of the case is just and without merit.

C. In full view of the fact that the Defendant first committed the instant crime and committed the instant crime contingently, the Defendant’s age (78 years of age), occupation, occupation, family relationship, health, and all other matters concerning the sentencing specified in the instant records and arguments, the lower judgment’s punishment is deemed unfair on the ground that the Defendant’s allegation in this part is reasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

the court is authorized by this court.