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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the period of two years from the date this judgment becomes final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. At the time of misunderstanding the fact, the Defendant did not throw a smell with the victim or scambling the part of the victim on the part of the victim.
Nevertheless, the court below found the defendant guilty of the facts charged in this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
B. Sentencing of the lower court’s sentencing (an order to attend a lecture for violence treatment of 3 years and 40 hours of probation in one year and six months of imprisonment) is too unreasonable.
2. Judgment on the grounds for appeal
A. Prior to the judgment on the grounds for appeal by the defendant's authority, the prosecutor applied for changes in the name of the crime in this case to "special injury" under Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act" under "Article 258-2 (1) and Article 257 (1) of the Criminal Act". Since the court permitted this and changed the subject of the judgment, the court below was no longer maintained.
However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for reversal of authority.
B. The evidence duly admitted and examined by the court below and the following circumstances acknowledged by the evidence, namely, witness F of the court below, could have naturally observed the situation at the time when the defendant and the victim were sitting in the immediately rear the table table of the table table, which was held by the victim. In the court of the court below, "I am out of the front table, and am out of the victim's body, and the defendant am out of the victim's body."
“The statement was made, and its credibility is high as it does not appear to be false in that statement.”