The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. The Defendant charged with the instant facts charged is between the victim B and the offender.

On December 3, 2017, around 01:00 on December 3, 2017, the Defendant committed assault against the victim, such as avoiding disturbances by sending the front door several times before the front door of the victim of the C building D in Gangnam-gu Seoul Metropolitan Government, and receiving the victim's chest from the front door of the front door, taking the victim's breast face from the front door of the front door, taking the victim's breast face from the front door of the front door, and taking the head of the new hair in the front

2. The court below held that the victim's statement and the victim's photograph are not sufficient to acknowledge that the victim's statement and the victim's photograph were used as direct evidence consistent with the facts charged of this case, and that there was a conflict between the defendant and the victim's statement and the victim's statement were not made for a long time even though they were in front of the defendant and the victim were in front of the defendant, and civil litigation is in progress between the defendant and the victim. In light of this, it is difficult to avoid the possibility that the victim's statement could be distorted. ② The victim's photograph was taken by the victim's own, not the police, and submitted to investigation agency five days after the date of the occurrence of the case, and the victim's statement and the above damaged photograph were submitted to the victim's investigation agency for more than five days after the date of the occurrence of the case.

3. The summary of the grounds for appeal (definite) committed assault by the Defendant, as stated in the facts charged in this case, upon receiving the victim's chest from his head, faces the victim's breast, taking the finite face, and taking the finite head into consideration his head.

4. The judgment of this Court

A. On December 9, 2017, the victim submitted a damaged photograph (Evidence No. 4 No. 5) to an investigative agency on December 9, 2017. The video of the above photograph shows a stude on the left side of the victim, but did not indicate the date the photograph was taken.

On the other hand, the prosecutor's list of evidence of damage is added in the trial.