The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant is aware of the victim’s shoulder. However, as stated in the judgment of the court below, there is no fact when the victim’s left side is creamed.

B. The sentence of the lower court that is unfair in sentencing (2 million won) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The lower court acknowledged the establishment of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults, etc.) as to all the facts charged of the instant case that the Defendant, while driving a vehicle on another vehicle, putting his hand on the victim’s window, which was opened at the time of the trial cost and the time of the car, and after getting off the vehicle at the vehicle, putting the victim’s shoulder into the victim’s driver’s car, and putting the victim’s shoulder up three times by shakeing the victim’s shoulder on one occasion.

B. However, in light of the following facts and circumstances acknowledged by the court below and the court below's duly adopted and examined evidence, i.e., ① the victim made an inconsistent statement on the number of times, etc. met with the victim from the crime of this case to the court below's court, ② the victim changed from the court of the court of the court below's final judgment to the purport that "the victim gets against the victim's left buck, not with the defendant's left buck." ③ The victim F made a statement in the court of the court of the court below to the effect that "the defendant seems to have taken her hand into the victim's vehicle, and it is not known whether the defendant had taken her left buck with the victim's left buck." In light of the facts charged in this case, it was proved to the extent that there is no reasonable doubt.

It is difficult to see

The decision is judged.

(c)

Therefore, among the facts charged in the instant case, the fact that the Defendant had taken one time at the left side of the victim, constitutes a case where there is no proof of crime, and thus, the Defendant should be acquitted in accordance with the latter part of Article 325 of the Criminal Procedure Act.