The judgment of the court below is reversed.

Defendant shall be punished by a fine of 200,000 won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal does not include only when the defendant has transferred D with fingers by hand.

Nevertheless, the court below erred by misapprehending the facts and finding guilty of the facts charged in this case.

2. Determination

A. An ex officio determination prosecutor filed an application for changes in indictment with respect to the facts charged as stated below, and the subject of the judgment was changed by this court’s permission.

In this respect, the judgment of the court below cannot be maintained as it is.

However, even if the above reasons for ex officio destruction exist, it is still subject to a trial by this court within the scope of the modified facts charged because the defendant's assertion of mistake is maintained.

B. The Defendant asserts that the victim D was only interrogating the victim D with his/her fingers, and that there was no fact regarding the Defendant’s assertion.

The victim D testified in the court of the court below to the effect that the defendant was provokingd to the victim.

The above testimony of the victim is specific and clear, and there are no special circumstances to deny the credibility of the victim's statement.

In particular, according to the CCTV video images duly investigated by the court below, the defendant can fully recognize the fact that the defendant was pushed down the victim's chest and friendship.

In the above purport, the court below's finding the defendant guilty of the facts charged is just and there is no error of misconception of facts alleged by the defendant.

3. As such, the defendant's assertion is without merit, but there is a ground for ex officio reversal as seen earlier, and the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the following is ruled again

Punishment of the crime

The Defendant, around 18:30 on June 2, 2013, claimed the noise problem between floors in the elevator of 101-2Ra, Daegu Northern-gu C Apartment 101-2Ra, Daegu Northern-gu, 101.