The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (the sentencing that is improper for mistake of facts is not specified in the reasons for appeal); and

The defendant did not assault the victim as stated in the facts constituting the crime in the judgment below.

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

(a) The offense of assault shall not be prosecuted against the clearly expressed will of the victim in accordance with Article 260(3) of the Criminal Act as an offense falling under Article 260(1) of the same Act;

In the crime of non-violation of intention, the victim expressed his or her intent in a way that is obvious and reliable.

In the event of evaluation, no intent to punish a person again cannot be expressed (see Supreme Court Decision 2016Do15018, Nov. 25, 2016). (b) In light of the following circumstances that may be recognized by the evidence duly adopted and investigated by the lower court, the victim expressed his/her intention not to punish a person who committed an assault to an investigative agency on November 17, 2016, and the said declaration of intention was expressed in a clear and reliable manner.

assessment may be conducted.

Therefore, the victim expressed his/her intent to punish again while submitting a written complaint later.

Even if there is no influence on the expression of intention of the penalty committee.

1) On November 17, 2016, the victim changed the password of the present official's residence after the victim was assaulted by the defendant around the morning.

The defendant returned home at the same day of the day, but the password was changed, and continued to attempt to enter the military by opening a door.

The victim has the husband's door in 21:09 around 112 on the same day.

It shall not be an interference.

There was domestic violence.

“The police officer reported the content of “,” and the police officer called to the residence and took measures to have the Defendant go to the home of his parents.

The details of the above 112 Report case were “domestic violence that had been invaded was committed by the act of cutting away things and cutting down trees once.”