The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of mistake of facts (the part not guilty in the grounds of appeal), although the court below acquitted the victim of this part of the charges, it erred in the misapprehension of facts and affected the conclusion of the judgment, since the court below acquitted the victim of this part of the charges.

B. The sentence (7 million won of fine) imposed by the court below on the defendant is too uneasible and unfair.

2. In light of the following circumstances acknowledged by evidence duly admitted and investigated by the lower court and the first instance court on the assertion of mistake of facts, it is recognized that the Defendant used the victim’s pelle pelle, which requires approximately two weeks of medical treatment as stated in the facts charged, in light of the following circumstances.

Therefore, prosecutor's argument is justified. A.

In the police investigation, the victim consistently made a statement to the effect that "the defendant was suffering from a mobile phone from the defendant, and the defendant made several times of drinking face, hair, side glass, etc.", and the defendant also made a statement to the effect that it conforms to the above statement of the victim.

B. According to the appraisal commission submitted in the trial, it is recognized that the injury suffered by the E Hospital physician F who treated the victim immediately after the instant case was diagnosed as the two thaloneth diagnosis, the left-hand completion part, etc. of the injury requiring treatment for about 14 days.

3. According to the conclusion, since the prosecutor's appeal for mistake of facts is well-grounded, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment is again

Punishment of the crime

On May 12, 2013, at around 02:55, the Defendant: (a) lent a mobile phone to the victim D (here, 38 years of age) who returned home at night from the Kimhae-si Kim Jong-si at night; and (b) accessed the mobile phone.