The judgment of the first instance is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

A. The Defendant did not assault the victim as stated in the first instance court.

B. The first instance sentencing of the Defendant on the grounds of unfair sentencing (the fine of KRW 800,00) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the first instance court on the Defendant’s assertion of mistake of facts, the fact that the Defendant used the victim’s neck in his/her hands, as stated in the judgment of the first instance court, can be acknowledged.

Therefore, we cannot accept the defendant's assertion of mistake.

B. In full view of the background leading up to the Defendant’s judgment on the assertion of unfair sentencing, degree of damage, and other various circumstances that form the conditions of sentencing as indicated in the records, such as the Defendant’s age, character and conduct, environment, family relationship, criminal record, and circumstances after the crime, the sentencing of the first instance court against the Defendant seems to be too unreasonable.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court of first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered through pleading

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in the corresponding column of the judgment of the court of first instance, and thus, they are quoted 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Suspension of sentence: Article 59 (1) of the Criminal Act (the punishment to be deferred: fine of 800,000 won, detention in a workhouse: 100,000 won per day, and the reasons stated in Article 2 (b) of the Judgment);