The judgment of the first instance is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Although there was a fact that a mistake of fact made the victim D once, the defendant did not inflict injury on brain-dead sugar.

B. In light of the fact that the victim of unfair sentencing spits or spits the face of the defendant first, the punishment of the first instance court (one million won of fine) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the first instance court as to the assertion of mistake of facts, the defendant could sufficiently be recognized that the defendant inflicted injury on the victim D, such as brain satis, which requires approximately three weeks of medical treatment, by putting fat and drinking fat once as stated in the judgment of the first instance. Thus, the above assertion by the defendant is without merit.

B. As to the assertion of unfair sentencing, the defendant, who was not the victim of the case, first of all, spits the face of spits, etc., and spits spits the face on the face, and spits it twice a drinking face on the face, and spits the defendant more actively and actively exercised violence, the defendant's act of causing bodily injury, which caused the defendant to a fine of the same amount (one million won each), and the defendant and the victim to a summary order. The defendant has no record of punishment for the same crime, and the defendant has only been punished for a fine once, and the defendant's age, character and behavior, family character, motive and circumstance of the crime, and circumstances after the crime, etc., as a whole, the first instance court's punishment is somewhat inappropriate.

3. As a result, the Defendant’s appeal on unreasonable sentencing is well-grounded, the judgment of the first instance is reversed under Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered as follows.

Criminal facts and summary of evidence recognized by the court are the same as those of the judgment of the court of first instance. Therefore, it is true in accordance with Article 369 of the Criminal Procedure Act.