The judgment of the court below is reversed.

The sentence against the accused shall be determined by one year and six months of imprisonment.

However, from the date this judgment becomes final and conclusive.

1. Determination on the prosecutor's assertion of mistake of facts

A. According to the evidence presented, even if the driver's injury was sufficiently proven, the court below found only the driver's assault crime and acquitted the driver of the injury. The court below erred in the misapprehension of facts.

B. The lower court determined that it is difficult to view that the body and health condition of the victim was changed to the extent that the wife suffered by the victim was minor and did not cause any particular impediment to the life of the victim, and that the treatment was not specially required for its recovery, and thus, the body and health condition of the victim was changed to the extent of not requiring any special treatment,

of the driver's injury to the driver's injury without reasonable doubt.

It is difficult to see

On the other hand, this part of the charges was acquitted according to the latter part of Article 325 of the Criminal Procedure Act.

(c)

1) In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below along with the evidence adopted and examined by the court below, the injured party’s injured party’s injured party’s injured party’s injured party’s injured party’s bodily condition is changed to the injured party’s injured party’s injured party’s physical condition, and the injured party’s injured party’s injured party’s injured party’s injured party’s injured party’s life constitutes an injury to the driver’s injured party’s injury

① 이 사건 당일 피고인이 휴대전화를 손에 쥐고 피해 자를 가격하여 피해자의 입술 부위 살갗이 단순히 긁힌 정도에서 나아가 찢겨 피가 났는데, 수사기관에서 촬영한 피해자 얼굴 사진에 의하면 입술 부위 두 군데에 출혈의 흔적이 있다( 수사기록 9 쪽). 단순히 입술 부위의 건조함 등으로 인하여 입술 표면이 갈라져서 피가 나는 정도의 상처는 일상생활에서 얼마든지 생길 수 있다고

However, it can be seen as a mobile phone.