The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. According to each of the statements by the victim E, witness H, G, and J of the gist of the grounds for appeal by the prosecutor, the defendant is fully aware of the fact that the defendant inflicted an injury in excess of the victim.

Nevertheless, the judgment of the court below which acquitted the defendant is erroneous by misunderstanding the facts and affecting the judgment.

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

In the trial of the case, the prosecutor: (a) the name of the crime against the defendant was “injury” from “injury”; (b) the applicable provisions of the law were “Article 262, Articles 260(1) and 257(1) of the Criminal Act”; and (c) the Defendant changed the contents of the charge to “the victim E (the age of 68) who was travelling away from the scene, while taking a trial expense for the victim E (the age of 68) who was suffering from injury by hand, the victim’s chest was faced with approximately 12 weeks of treatment; and (b) the Defendant changed the contents of the indictment to the effect that “the victim suffered from the injury, such as the mouth and dubing of the body of the victim E (the age of 68) who passed the scene, caused the victim to suffer from a change in the contents of the amendment.”

Therefore, the judgment of the court below is no longer maintained.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal, on the ground that there is a ground for ex officio reversal, and the judgment below is again ruled as follows.

[Dao-Appellee] On June 15, 2016, the Defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended execution for larceny, etc. in the Suwon District Court's Sung-nam branch on June 15, 2016, and the judgment became final and conclusive on June 23, 2016.

around 09:50 on August 5, 2015, the Defendant is under the influence of alcohol in front of the D convenience store located in Dongjak-gu Seoul Metropolitan Government.