Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

A. In light of the consistent statement of the victim of misunderstanding of facts about the part not guilty (the point of injury) and the description of the certificate of diagnosis of injury, it can be recognized that the defendant did not commit the injury.

Nevertheless, the judgment of the court below which acquitted the defendant about the injury is erroneous.

B. The lower judgment’s punishment (one million won of fine) is too uneased and unreasonable, because the error of mistake of facts as to the acquittal portion above was affected by the determination of the Defendant.

2. The prosecutor of the ancillary charge maintains the existing facts charged (in the case of injury) against the defendant in the trial room as the primary facts charged, and applies for changes in indictment by adding the contents of Article 262 and Article 260(1) to the name of the crime, "Article 262 and Article 260(1) of the Criminal Act" to the applicable provisions of the Act, and the following facts charged are added to the subject of the trial by the court.

However, since the prosecutor's argument of mistake of facts on the primary facts is still subject to the judgment of this court, it will first examine the legitimacy of the argument, and then make a decision on the ancillary facts added in the trial.

3. Judgment of the prosecutor on the misconception of facts as to the primary facts charged

A. At around 11:30 on December 7, 2018, the primary charges charged by the Defendant: (a) was at C Office located in Seosan-si B, Seosan-si, which dealt with the issue of the cost of construction for storage with the victim D(51 years of age) and warehouse; (b) was shaking of the victim’s bridge; (c) the victim’s right-hand mouth, which was over the floor, led the victim to a breath of the bridge that had been accompanied by a non-fath of the bridge that requires the victim’s treatment for seven weeks.

B. In light of the following circumstances, the lower court’s judgment: (a) based on the evidence submitted by the prosecutor alone, requires seven weeks of treatment to the victim by taking a part of the victim’s right-hand mouth beyond the floor.