The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Summary of Grounds for Appeal

The Defendant, by misunderstanding facts or misunderstanding legal principles, committed a dispute with the victim E within the D (hereinafter “instant D”) operated by himself, and the victim spits the victim’s face first by spiting it into the Defendant’s face, and did not inflict a bodily injury upon the victim’s left side at hand. As stated in the facts charged in this case, the Defendant did not inflict a bodily injury upon the victim’s booming the victim’s left side as stated in the facts charged in this case, and it is merely a passive defensive act, and thus, it does not constitute self-defense or legitimate act.

The sentence of the court below's decision on unfair sentencing (700,000 won of fine) is too unreasonable.

Judgment

이 사건 공소사실 요지 피고인은 2012. 10. 22. 10:17경 대전 대덕구 C에 있는 자신이 운영하는 D에서 손님인 피해자 E(여, 54세)와 떡볶이 떡 배달 문제로 언쟁하던 중 피해자가 밀치며 팔을 잡아당기자 오른손으로 피해자의 좌측 뺨을 1회 때리고, 손으로 피해자의 얼굴을 밀고 잡아채 28일간의 치료를 요하는 치아의 탈구상을 가하였다.

The lower court determined the Defendant guilty of the instant facts charged by taking account of the evidence presented in the lower judgment.

However, it is difficult to accept the judgment of the court below for the following reasons.

As evidence consistent with the facts charged in this case, victim E is a victim E’s image of each statement, injury diagnosis statement, and the scene of the case at the investigative agency and the court below’s trial.

However, the following circumstances acknowledged by the evidence duly adopted and examined by the lower court and the lower court, namely, ① the victim made a statement at the police that “the Defendant was at one time within the instant shop,” and the victim made a statement at the court of the lower court that “the Defendant was at one time at one time within the instant shop (Evidence No. 10),” and the statement at the court of the lower court that “the Defendant made a statement at one time within the same time,” are inconsistent with each other, and ② the Cyve (CCTV) video that was taken by the situation at the time.