The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal does not constitute assaulting a victim as stated in the facts charged of this case.

2. Determination

A. Around June 17:00 on June 6, 2017, the Defendant, among the facts charged, assaulted the victim’s son, who was arguing that the victim D had delayed interest on lending money from the Defendant on the ground that C shop located in Young-gu Busan Metropolitan City, would delay the payment of money from the Defendant, such as d's flab, and flabing the victim’s flab with her hand.

B. The lower court determined that the lower court convicted this part of the facts charged by comprehensively taking account of the adopted evidence.

C. In light of the following circumstances acknowledged by the record of the court’s determination, it is difficult to deem that this part of the facts charged is proven beyond reasonable doubt, and there is no other evidence to acknowledge this.

Nevertheless, the judgment of the court below that found this part of the facts charged guilty is erroneous and adversely affecting the conclusion of the judgment.

① From the investigation stage, the Defendant consistently stated that he was assaulted by the victim and that he did not have any assaulted by the victim.

② According to CCTV screen (Evidence Nos. 68 through 76 of the Record), the victim may confirm the form of assaulting the defendant, but the form of assaulting the victim is not confirmed.

The Defendant visited the victim and the police station on the day of the instant case and reported that he was assaulted by the victim.

③ On June 14, 2017, the victim was investigated by the police on the case on which the defendant reported the victim as an assault, and only on June 16, 2017, the victim filed a complaint against the defendant for suspicion, such as assault and assault, etc., and there are some parts that are not biased on the grounds that the victim filed a complaint against the defendant.

After submitting a written complaint, the victim committed violence on the part of the victim's chest due to his blue blue with his blue blue with his blue.