The guilty portion shall be reversed.

Of the facts charged in the instant case, the Defendant was acquitted on June 5, 2013.

A. (1) The prosecutor (1) was not a witness of a misunderstanding of facts as to each of the facts charged in this case and E, G, and H did not witness the whole process of the dispute between the Defendant and D, and thus, it is unfair to reject D’s credibility due to their statements. According to D’s consistent statement and the written diagnosis of injury, each of the facts charged in this case should be sufficiently recognized. However, the lower court found the Defendant not guilty of all of the injury inflicted on June 5, 2013 and October 1, 2013. Thus, the lower court erred by misapprehending the facts.

(2) The sentence imposed by the lower court on the Defendant (a fine of KRW 300,00) is too unreasonable.

B. The Defendant (misunderstanding of facts with regard to the portion of the crime) recognized the fact that the Defendant was guilty at the time when D on June 5, 2013 and Silviation had occurred. However, such an act of the Defendant is merely a fluoring of D where the Defendant’s opening was obstructed to prevent the escape of the Defendant in the circumstances where D was committed and attached, and thus, the Defendant’s above act constitutes self-defense, legitimate act, or emergency evacuation, and thus, is dismissed.

Nevertheless, since the court below recognized the crime of assault as to this part of the facts charged in this case, there is an error of misconception of facts.

2. Determination

A. In light of the evidence duly adopted and examined by the lower court as to the prosecutor’s assertion of mistake of facts in the records of this case, it is just and acceptable to determine that the lower court acquitted all of the injuries inflicted on June 5, 2013 and injuries inflicted on October 1, 2013 based on the circumstances in its reasoning, and that there is no illegality of misunderstanding of facts alleged by the prosecutor.

Therefore, the prosecutor's argument of mistake is without merit.

B. Determination of the Defendant’s assertion of mistake of facts (1) as to the injury of June 5, 2013.