The judgment below

The dismissal part of the public prosecution shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

1. The court below found the defendant guilty of causing property damage among the facts charged in the instant case, and judged that the violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) was dismissed. Since only the prosecutor appealed against the dismissal part and the conviction part became final and conclusive in the court below, the scope of the trial of the party shall be limited to the dismissal part of the public prosecutor's appeal.

(See Supreme Court en banc Decision 91Do1402 delivered on January 21, 1992). 2. The summary of the grounds of appeal is that the Defendant cited an empty beer’s disease as her hand and her was aware that he/she was her. The empty beer’s disease, which was the Defendant at the time when based on the evidence submitted by the prosecutor, is a dangerous thing.

The court below dismissed the prosecution on this part of the facts charged that "the defendant carried dangerous articles and assaults the victim," on the ground that the crime of assault was established, and the victim withdraws his intention of punishment. Thus, the court below erred by misunderstanding the facts, which affected the conclusion of the judgment.

3. Ex officio determination

A. Prior to the prosecutor's judgment on the grounds for appeal, the prosecutor examined ex officio prior to the judgment on the grounds for appeal by the prosecutor, and the name of the crime as to the violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.), among the facts charged, "Article 260 (1) of the Criminal Act" among the applicable provisions of Acts, "Article 283 (1) of the Criminal Act", "Article 283 (1) of the Criminal Act", and "the changed facts charged" under the charge, and "the changed facts charged" was changed to the judgment by the court, and therefore, the part of the judgment of the court below on the violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.

B. The revised facts charged are as follows: at around 00:50 on August 20, 201, the "E" of the 2nd floor of the Seongbuk-gu D Building operated by the Victim C (Inn, 45 years of age).