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;

가. 사실오인, 법리오해 피고인은 우측 팔꿈치로 피해자의 턱을 수 회 때린 사실이 없고, 다만 피해자에게 말로 훈계하는 과정에서 피해자가 눈을 치켜뜨고 대들자 손가락으로 피해자의 턱을 두 차례 톡톡 친 사실만 있다.

The victim's statement on this issue has no probative value of injury because it is extremely low in credibility due to lack of consistency.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case and erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The sentence (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Determination:

A. Prior to the judgment on the grounds for appeal ex officio, the prosecutor applied for amendments to the indictment with the content that the "blue part" among the facts charged in the instant case changed from the trial court to "slue part", and the subject of the judgment was changed by this court's permission, so the judgment of the court below cannot be maintained as it is.

However, despite the above reasons for ex officio destruction, the defendant's assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of this court, and this is examined below.

B. In full view of the following circumstances revealed by the evidence duly adopted and investigated by the court below and the court below, the judgment of the court below which judged that the defendant inflicted an injury on the victim who is an employee under his control as stated in the facts charged of this case is legitimate, and there is no error of misconception of facts or misunderstanding of legal principles as alleged by the defendant or his defense counsel.

1 피고인은 당시 피해자와 언쟁이 있었고 그 과정에서 손가락으로 피해자의 턱 부위를 두 차례 톡톡 쳤다는 취지로 주장하고 있고, 피해자는 범행 방법 등 세부적인 내용에 약간의...