The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. As to the primary facts of the instant case, the victim had consistently taken the face and body from the Defendant from the investigative agency to the court of the court of the court below to walk the primary facts of the instant case.

The credibility of a photograph, injury diagnosis report, etc., which has made a statement and taken the damaged part, is recognized in accordance with the above statement of the injured person.

However, the court below is not sufficient to prove the primary facts charged of this case.

Since the court below rendered a not guilty verdict on this part, it erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence of the lower court that is unfair in sentencing (the amount of KRW 500,000) is too unhued and unreasonable.

2. The prosecutor of the judgment ex officio applied for changes in the indictment with respect to the violation of violence, the degree of injury, and the part of the main facts charged of the case. Since the object of the judgment is changed by this court's permission, the judgment of the court below as to the main facts charged of the case can no longer be maintained.

The lower court found the Defendant guilty of assault, which is the ancillary charge of this case, and found the Defendant not guilty of the primary charge of this case. Therefore, the lower judgment should be reversed in its entirety

However, the part related to the changed primary facts charged among the prosecutor's assertion of mistake of facts is still subject to the judgment of this court, and this is examined.

3. Judgment on the prosecutor's assertion of mistake of facts

가. 변경된 주위적 공소사실의 요지 피고인은 2014. 11. 5. 23:00 경 대전 서구 C 6 층에 있는 D 주점에서 함께 술을 마시던 피해자 E 와 사소한 시비 끝에 피해자의 멱살을 잡고 밀치고, 온몸을 주먹과 발로 수회 때리고 걷어찼다.

As a result, the defendant suffered an injury to the victim such as the left-hand dump salt, etc. requiring treatment on the number of days.

B. Recognition by the record of judgment.