The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

The court below ruled the defendant not guilty on the basis of the existing facts charged, not the changed facts charged even though the prosecutor permitted the application for changes in the indictment. This constitutes a violation of law which affected the judgment.

In full view of the evidence that correspond to the facts charged in the instant case, the lower court acquitted the Defendant on the charge, even though the Defendant’s act could sufficiently recognize that the victim was injured.

According to the record on the prosecutor's argument of misapprehension of the legal principles on the grounds of appeal by the prosecutor, the prosecutor applied for the amendment of the indictment with the content that "when she comes to scam and face with the hand floor" among the facts charged at the seventh trial of the court below, the prosecutor applied for the amendment of the indictment with the content that "when she comes to scam" in the facts charged at the trial of the court below. However, the court below decided on the basis of the facts charged before the amendment and sentenced not guilty, and there is no evidence to acknowledge

“Recognizing the facts stated on the ground of innocence”.

Meanwhile, Article 361-5 subparag. 1 of the Criminal Procedure Act provides that “When there is a violation of any Act or subordinate statute that has affected the judgment,” the grounds for appeal are insufficient to recognize the fact that the defendant inflicted an injury on the victim even if considering the modification of the above indictment as seen in the B. As such, the above violation of law by the court below was affected by the judgment.

It is difficult to see it.

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

As to the prosecutor's assertion of mistake of facts, the court of first instance determines whether to recognize the crime of injury on the basis of the revised facts charged.

According to the testimony, injury diagnosis report, each photograph, etc. of the witness F of the court below, the defendant and the victim live with one another at the time and time as stated in the facts charged.