The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

Although the Defendant did not have an assault to withdraw his allegation of misunderstanding of facts regarding intrusion, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby finding the Defendant guilty, and the lower court’s sentencing (fine of three million won) is too unreasonable.

Article 457-2 (2) of the Criminal Procedure Act provides that "where a defendant declares a more severe punishment than that of a summary order with respect to a case for which a request for formal trial has been made, the reasons for sentencing shall be stated in the written judgment."

However, according to the records, the defendant was issued a summary order of KRW 2 million on April 29, 2020 with the Jeonju District Court 2020 High Court 20,444, and on May 11, 2020, the defendant requested a formal trial with respect to the above summary order on May 11, 2020, and accordingly, in the case where the court of the original judgment was conducted by 2020 High Court 167, the court below sentenced the defendant on August 26, 2020 to a fine of KRW 3 million and the costs of lawsuit, and it is recognized that the reasons for sentencing are not specified in the judgment.

The court below sentenced a more severe punishment than that of a summary order on a case for which the defendant requested formal trial, but omitted the reasons for sentencing in the written judgment, thereby violating Article 457-2 (2) of the Criminal Procedure Act. Thus, the judgment of the court below was no longer maintained.

However, despite the above reasons for ex officio destruction, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, and will be examined below.

According to the evidence duly adopted and examined by the court below on the argument of mistake of facts or misapprehension of legal principles, although there is a serious difference in the contents of witness's statement concerning the victim's injury, it is difficult to see that the witness's statement was based on a false fact in order to gather the defendant.