The judgment of the court below is reversed.

The defendant shall be innocent.

1. It is recognized that the defendant had inflicted injury on the victim jointly with E for reasons of appeal.

The lower court found the Defendant not guilty.

2. We examine ex officio prior to the judgment on the grounds for appeal by the prosecutor.

The prosecutor applied for the amendment of indictment to partially alter the facts charged against the defendant.

The judgment of the court below can no longer be maintained because the court permitted the modification of the bill of amendment.

3. The judgment of the court below is reversed ex officio due to changes in indictment.

The judgment of the court below shall be reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment shall be rendered again after pleading as follows:

[Judgment to be used again]

1. On August 1, 2014, in collaboration with E, the Defendant, who was in charge of cleaning the victim F (51 years of age) who was a self-support recipient of the Dong office while drinking alcohol, such as E, at the D bicycle riding room near the Seoul Western-gu Seoul Metropolitan Government, was in charge of drinking alcohol, and the Defendant was in charge of drinking expenses, and the Defendant was in charge of drinking off the victim’s breath, and the victim’s face and face, etc., who was in excess of drinking water, led to two heats where it is impossible to identify the number of treatment days for the victim.

2. The statement in the investigative agency and the court of the court below in the judgment F is hard to believe that it is not consistent because it is not clear whether or not the defendant has participated in the way specifically in the assault of that person.

The remaining evidence submitted by the prosecutor alone is insufficient to recognize the facts charged.

3. As the facts charged against the Defendant constitute a case where there is no proof of crime, the lower court acquitted the Defendant pursuant to the latter part of Article 325 of the Criminal Procedure Act.