The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

가. 사실오인 피고인은 피해자와 다투던 중 화가 나서 플라스틱 대야를 집어 던졌는데 대야가 창문에 맞으면서 튕겨나와 피해자에게 부딪친 사실이 있을 뿐 나무의자로 피해자를 때리거나 나무의자를 집어 던진 사실이 전혀 없음에도 이 사건 공소사실을 전부 유죄로 인정한 원심판결에는 사실을 오인하여 판결에 영향을 미친 위법이 있다.

B. The sentence of one and a half years of imprisonment sentenced by the lower court is too unreasonable.

2. The core evidence to acknowledge this part of the facts charged is the victim’s investigative agency and the court of the court below’s determination as to the assertion of mistake of facts. In full view of the following circumstances acknowledged by evidence duly adopted and investigated by the court of the court below and the court of the court of the court below, it is difficult to believe the victim’

① The victim stated clearly and consistently from the initial police investigation to the original trial, that the Defendant was at the end of the victim’s head, who was at the end of the victim’s house, and thereby broken the glass window. However, at the time of the crime of this case, the victim was only a person who was at the end of the victim’s house, and there is no person who was a tree (the police was at the time following the occurrence of this case’s husband E that the victim was at the seat of the victim, and was taken by photographing the victim’s house to find the victim’s will to commit a crime and then attached the records (Article 16 page of the investigation record). However, it is evident that the victim was a person who was taken photograph, by itself, who was not a person who was a tree, is not a person who was at the seat of the victim. It is obvious that the victim was a person who was at the seat of the victim and the victim’s witness at the scene of this case.