The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. In light of the following: (a) the statement made by the victim D is consistent; (b) the victim brought about suspension at the time of the instant case; and (c) the Defendant also made a statement that the victim was flicked with the flat at the time of the instant case; and (d) the victim’s statement made as soon as possible, the victim’s statement is credibility.

In addition, it is recognized that the defendant has inflicted an injury on the victim in full view of the victim's upper body photographs, video images, and the written diagnosis of injury.

Therefore, the judgment of the court below which acquitted the facts charged of this case is erroneous.

2. Prior to the judgment of the prosecutor's assertion of ex officio, the prosecutor examined ex officio prior to the judgment of the prosecutor's assertion, and the prosecutor applied for changes in indictment to the name of the preliminary crime while maintaining the facts charged as to the injury which was found not guilty at the court of original trial as the primary facts charged, "Assault", "Article 260 (1) of the Criminal Act", and "Article 260 (1) of the Criminal Act" in the applicable provisions of this Act, and added

However, as examined below, the court below found the Defendant guilty of the injury, which is the primary charge, and found the Defendant guilty of assault, which is the ancillary charge, so the judgment of the court below was no longer maintained.

However, despite the above reasons for ex officio destruction, the prosecutor's assertion of mistake of facts concerning the primary facts charged is still subject to the judgment of this court, and this is examined.

3. Judgment on the prosecutor's assertion of mistake of facts

A. On June 11, 2018, the Defendant, at around 15:30 on June 11, 2018, provided that the victim D (e.g., 68 years of age) was able to talk with the branch in a coffee shop “C” of Dongdaemun-gu Seoul, Dongdaemun-gu Seoul, on the ground that the victim D (e.g., 68 years of age) did not make a good speech to the Defendant, he/she saw the victim’s face on a one-time occasion, and flabbs of the victim by hand.