The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. As to the misunderstanding of facts and misapprehension of the legal doctrine, the Defendant did not see the victim D with salted fish, which is a dangerous object on July 23, 2017.

2) Regarding special injury, the Defendant did not inflict an injury on the victim by carrying odors, which are dangerous objects, on July 25, 2017.

B. The sentence sentenced by the lower court to the Defendant (eight months of imprisonment) is too unreasonable.

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

In the first instance trial, the Prosecutor “1. Special Violence” of the 7th indictment No. 2 of the instant indictment No. 7 was “a crime committed on July 23, 2017”; “2. Special Bodily Injury” of the 12th indictment was “a crime committed on July 25, 2017”; and “a victim’s head at one time” of the 17 and 18 indictment was sent to the victim two boxes of gambling in need of approximately one week treatment.

“Aggravated assaulting the victim’s head at one time,” respectively, deleted the “special injury” among the name of the crime, and applied for the amendment of an indictment to delete the “Article 258-2(1) and Article 257(1) of the Criminal Act” under the applicable law, and the court permitted the same, thereby changing the subject of adjudication.

The lower court rendered a single sentence on the ground that this part of the facts charged and the remainder of the facts charged are concurrent crimes under the former part of Article 37 of the Criminal Act, and the lower court’s judgment should be reversed in its entirety.

Nevertheless, the defendant's assertion of misunderstanding of facts and legal principles is still subject to the judgment of this court, and this is examined.

3. Judgment on the grounds for appeal

A. The following circumstances are acknowledged by the evidence duly adopted and investigated by the lower court on July 23, 2017 (the charge of special assault prior to the change) of the part concerning the crime committed on July 23, 2017 (the charge of special assault prior to the change), i.e., the victim: (a) was posted by the police by the Defendant on July 23, 2017, by the spokeed fish of the victim C.