The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

1. The judgment of the court below which found the defendant guilty as to the facts charged in this case in the absence of the fact that the defendant inflicted an injury on the victim as stated in the facts charged is erroneous and has affected the judgment.

2. Before deciding on the grounds of ex officio appeal, the Prosecutor applied for changes in the indictment as stated in the following column of “criminal facts” at the trial court, and the subject of the judgment was changed by this court. Thus, the judgment of the court below cannot be maintained as it is.

However, despite such reasons for reversal of authority, the defendant's assertion of mistake is still subject to the judgment of this court, and this is examined.

3. Comprehensively taking account of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the first instance court as to the assertion of mistake of facts, the fact that the Defendant inflicted an injury on the victim, as described in the facts charged, can be sufficiently recognized.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no error of law by misunderstanding the facts as alleged by the defendant, and the above argument by the defendant is

① In a case where a witness’s statement, including a victim, is mutually consistent and consistent with the facts charged, it shall not be rejected without permission, unless there exist any separate and reliable evidence to deem that it is extremely reliable from an objective point of view (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). The victim sustained injury by assaulting the Defendant, as described in the facts charged, from an investigative agency to the court below.

The reasons why the victim suffered injury, the part of the injury, the situation before and after the case, etc. are stated specifically, and the credibility of the victim's statement may be suspected.