The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant case, found a mixed person to “C cafeteria” at the time of the instant case, and the victim without good cause, “I am feas, feas, and knick.”

“In the process of coming out of and going out of the Republic of Korea and having vagabonds with the victim, both assaults were committed against the victim, and there was no injury to the victim as described in the facts charged in the instant case.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

Although the lower court tried the instant case through a simple trial and convicted the Defendant of the instant facts charged, the lower court revoked the lower court’s order that decided to be tried by a simple trial pursuant to Article 286-3 of the Criminal Procedure Act on the grounds that the confession at the lower court was not reliable on the second trial date, and subsequently conducted a new examination of evidence, the lower court became unable to maintain any further.

However, the defendant's assertion of misunderstanding the facts is still subject to the judgment of this court, and the following is examined.

3. In full view of the following circumstances revealed by the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the Defendant’s injury was acknowledged as indicated in the instant facts charged.

Therefore, the defendant's assertion of mistake is rejected.

① In relation to the instant case, the victim and the Defendant have conflicting arguments.

In C cafeteria, the injured party “hacker” without any sea by the Defendant.

“Catherb,” fatd, and the victim was out of the restaurant business and reported to the police when the victim’s face was taken and fatd by the Defendant and drinking.

The argument is asserted.

On the other hand, the defendant.