The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. In other words, E, who was not the defendant, inflicted an injury on the victim.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous.

B. The sentencing of the lower court’s unfair sentencing (two years of imprisonment, three years of suspended execution, three years of protection observation) is too unreasonable.

2. An ex officio determination prosecutor filed an application for changes in the indictment with regard to the name of the crime as "special injury" in violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) and the applicable provisions of the law as "Article 3 (1), Article 2 (1) 3, and Article 257 (1) of the Punishment of Violences, etc. Act" as "Article 258-2 (1) and Article 257 (1) of the Criminal Act," respectively, and the court filed an application for changes in the indictment with regard to "Article 258-2 (1) and Article 257 (1) of the Criminal Act." Since the above court was subject to adjudication by granting permission for changes in the indictment, the judgment below cannot be maintained.

However, the defendant's assertion of misunderstanding the above facts is still subject to the judgment of this court.

3. The lower court rejected the Defendant’s assertion on the Defendant’s misunderstanding of the facts, on the ground that this part of the grounds for appeal was identical to that of the Defendant, and the lower court rejected the Defendant’s assertion in detail.

In comparison with records, the above judgment of the court below is just, and contrary to the judgment of the court below, there were errors by mistake of facts as pointed out by the defendant

shall not be deemed to exist.

4. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, on the grounds that the above reasoning of the court below is reversed ex officio. It is so decided as follows.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 258-2 of the Criminal Act applicable to the facts constituting an offense and Articles 258-2 and 257 (1) of the Criminal Act that choose a penalty;

1. Article 62 of the Criminal Act: