The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

1. According to the evidence submitted by the Prosecutor’s summary of the grounds for appeal, the lower court found the Defendant guilty of the instant facts charged without recognizing the fact that the Defendant inflicted bodily injury on the victim.

Therefore, the court below erred by misapprehending the legal principles and adversely affecting the conclusion of the judgment.

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 seen below, this Court acquitted the Defendant of the injury, which is the primary facts charged, and convicted of assault, which is the ancillary facts charged, so the judgment of the court below cannot be maintained any more.

However, despite the above reasons for ex officio destruction, the prosecutor's assertion of mistake of facts and misapprehension of legal principles as to the primary facts charged are still subject to the judgment of this court.

3. Judgment on mistake of facts and misapprehension of legal principles as to the primary facts charged

A. At around 23:00 on March 13, 2018, the Defendant was trying to take a taxi in front of the “C” in the front of the “C,” which is located in Tong-si B, and the victim D (the age of 25) was inflicted on the victim by two descendants on the ground that the victim D (the age of 25) turns hart from the front side of the taxi and sounding the horn, and was pushed down the victim’s chest by two hand in order to remove the victim beyond the floor, and brea the breath of the victim’s breath and walked the bridge to walk up the breath, thereby causing the victim’s injury on the right hump for which treatment of the victim is necessary.

(b).