The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

항소 이유의 요지( 사실 오인) 원심 판시 범죄사실 1 항 기재 일시, 장소에서 피해자를 만난 적이 없고, 2 항 기재 일시, 장소에서 피해자의 머리를 잡거나 입으로 팔을 물거나 목을 할퀸 사실이 없다.

Judgment

An ex officio judgment prosecutor filed an application for amendment to a bill of amendment of an indictment with the phrase “as of February 9, 2012,” “as of February 15, 2012,” in Article 1 of the facts charged at the trial, and the judgment of the court below is no longer maintained on the ground that the subject of the adjudication is changed by this court’s permission.

However, the lower court's argument that the Defendant's mistake is still subject to the judgment of this court, despite the above reasons for reversal of authority.

In the lower court’s determination as to the Defendant’s assertion of mistake of the facts, the Defendant made the same assertion as the grounds for appeal in this part, and the lower court, under the title “determination as to the Defendant and his defense counsel’s assertion” and its determination (in light of the circumstances in the judgment, the Defendant can be recognized as committing each

(1) The Defendant’s assertion was rejected and the Defendant was convicted of each of the facts charged in this case.

In light of the evidence duly admitted and examined by the court below and the court below, the date and time of the crime of assault as stated in the judgment below was changed from the court below to " around February 9, 2012" in addition to the circumstances and facts stated by the court below. Based on this, the court below's aforementioned judgment is just and acceptable in light of the following facts: (a) the date and time of the crime of assault as stated in the crime of assault as stated in the judgment below was changed to " around February 9, 2012," and (b) the defendant's impeachment evidence submitted by the defendant (the card use record, the certificate of

subsection (b) of this section.

Therefore, the judgment of the court below shall be reversed ex officio.