The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The summary of the grounds for appeal is as follows: (a) the Defendant was only aware of a dispute with F, and did not use violence against F; and (b) even though he was unilaterally assaulted by F, the judgment of the court below which found the Defendant guilty of the facts charged in the instant case as a whole was erroneous and adversely affected the conclusion of

2. An ex officio decision-making prosecutor filed an application for changes in the indictment with the phrase “the same date, time, and place as the preceding paragraph” in the part of the facts charged in the instant case, which changed “the foregoing D cafeteria as at the same time and time as the preceding paragraph,” and the subject of the judgment was changed by this court’s permission. Therefore, the above part of the injury was not reversed.

However, even if there is a reason to reverse ex officio, the defendant's assertion of mistake is still subject to the judgment of this court, and this is examined in paragraph (3) below.

3. Each of the following circumstances acknowledged by the lower court’s evidence duly admitted and examined by the Defendant’s assertion of mistake of facts, namely, ① from the police to the court of the lower court, the victim F consistently stated to the effect that “the Defendant was faced with a drinking face from the Defendant who was drunk in a DNA restaurant,” and the victim C stated to the effect that “the Defendant was faced with his face by her head because she talked that she would go back to the mouth and go back to the house near the D restaurant,” and ② immediately after the instant case, the victim was taken the victim’s photo taken by the victim from the Defendant, and the victim’s body was consistent with the damaged part of the victim’s statement. In full view of the following circumstances, the Defendant took full account of the fact that the victim’s body taken up the above photograph corresponds with the victim’s body written by the victim. At the time of the Defendant’s criminal facts recorded in the lower judgment, the victim’s cafeteria was committed by assaulting the victim F’s f’s fat at once in a D restaurant and d f.