The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of mistake of facts and misapprehension of legal principles, it is recognized that the defendant committed the crime of assault, such as fluorum and beer's disease, which is a dangerous object to the victim, and the prosecutor has stated that the victim does not want the punishment at the time of the police investigation. However, in the event that the indictment is modified due to a special crime of violence, the defect in the indictment is cured and the indictment is to be modified in the trial. Thus, the judgment of the court below dismissing the prosecution on this part of the facts charged is erroneous due to incomplete deliberation or by misunderstanding of legal principles, which affected the conclusion of the judgment.

B. In light of all the circumstances, including the circumstances of the instant crime of unfair sentencing, the sentence imposed by the lower court (one million won of fine) is too uneasible and unreasonable.

2. Prior to the judgment on the grounds of appeal by the prosecutor ex officio, prior to the judgment on the grounds of appeal by the prosecutor ex officio, the name of the crime concerning the act of assault among the facts charged in the instant case is "special assault", and the applicable provisions of this Act are "Articles 261 and 260 (1) of the Criminal Act", and the facts charged were applied for changes in the indictment with the contents of the additional description of the facts charged as stated in the following facts charged, and the judgment of the court below cannot be maintained any longer because it was

3. Accordingly, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the facts by the prosecutor, misunderstanding the legal principles, and the assertion of unfair sentencing, on the grounds of ex officio reversal as above, and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by this court is from the DNA point operated by the defendant C on November 21, 2009, Ulsandong-gu, U.S. on November 21, 2009.