The judgment of the court below is reversed.

The prosecution of this case is dismissed.

1. Summary of grounds for appeal;

A. The defendant did not assault the victim as stated in the judgment of the court below.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (700,000 won of fine) is too unreasonable.

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

The crime of violence recognized by the court below is a crime of non-competence which cannot be prosecuted against the clearly expressed will of the victim (Article 260(3) of the Criminal Act). According to the records, the victim expressed his/her intention not to prosecute the defendant at an investigative agency (Article 27 of the Investigation Records). Thus, the court below should render a judgment dismissing the prosecution in accordance with Article 327(6) of the Criminal Procedure Act.

Nevertheless, the court below rendered a judgment of conviction with excessiveness, and in this respect the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed and it is again decided as follows.

[C] The judgment of the court below that found only the part of the charge of innocence was guilty was appealed, but the part of the charge was remanded to the court below for further proceedings consistent with this Opinion (see, e.g., Supreme Court Decision 2000Do5000, Feb. 9, 2001). However, this part of the charge is not disputed by the prosecutor's office, and even if ex officio, the judgment of the court below on this part is justified. Thus, the judgment of the court below is to be followed.

1. On August 11, 2013, the Defendant: (a) expressed in front of the Defendant’s home located in Nam-gu, South-gu, the Defendant expressed that “at least 59 years of age” had ever been brought to the Victim D (Woo) in front of the Defendant’s home; (b) carried the Victim’s neck with his hand, and (c) carried out the Victim’s right development.