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

The above fine shall not be paid by the defendant.

A. There is no fact that the defendant inflicts an injury on the victim as stated in the judgment below.

B. Although it is recognized that the Defendant inflicted bodily injury on the victim, it is a passive resistance to oppose the victim’s assault against the victim, which constitutes self-defense or legitimate act, the court below erred by misapprehending the legal principles that found the Defendant guilty of the facts charged of this case, which affected the conclusion of the judgment.

2. Determination

A. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the Prosecutor applied for changes in the indictment to the effect that “In the first instance court, the Prosecutor 2-Ga 2-1-2-4-2-2-2-4-2-2-2-2-3-2-4-2-4-2-3-2-4-2-3-2-3-2-3-2-4-2-4-2-4-2-4-3-4-2-4-3-4-3-4-2-4-3-4-2-4-2-3-4-4-4-7-2-3-4-7-2-4-2-4-2-4-7-2-3-4-7-2-4-7-2-3-7-2-4-7-2-3-7-2-3-7-2-3-7-3-4-7-3-7

However, although the judgment of the court below has 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.

B. As to the changed facts charged, the Defendant alleged that there was no injury to the victim by breaking the victim’s head as stated in the facts charged with the same purport as the grounds for appeal. Therefore, the evidence duly adopted and examined at the court below, in particular, the witness E, F, and G’s legal statements, and the confirmation of the occurrence of the case.