The judgment of the court below is reversed.

Defendant shall be punished by a fine of 300,000 won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In light of the consistent statement of the victim of mistake of facts in light of the victim's consistent statement, the victim was shouldered with garbage that the defendant left, and according to CCTV images at the time of the instant case, even though the defendant was found to have suffered bodily injury, the judgment of the court below which acquitted the defendant of the facts charged in the instant case by misunderstanding the facts, thereby affecting the conclusion of the judgment.

B. In light of the legal principles, even if the defendant's act does not constitute the crime of injury, the crime of assault, which is a reduced fact, is recognized, and even if it is acknowledged ex officio, there is no disadvantage in exercising the defendant's right of defense. Thus, the court below's judgment which

2. We examine ex officio the prosecutor’s grounds for appeal prior to the judgment ex officio.

The prosecutor, while maintaining the facts charged as to the injury which was found not guilty in the original trial in the original trial as the primary facts charged, stated in the applicable provisions of law "Article 260 (1) of the Criminal Act" in addition to the facts charged, and approved by this court, the subject of the judgment was added, and found the defendant guilty of the injury, which is the primary facts charged, and of the assault, which is the ancillary facts charged, as shown below. Thus, the original judgment cannot be maintained.

However, the prosecutor's assertion of mistake of facts and misapprehension of legal principles as to the primary charges, which are the facts charged, still are subject to the judgment of this court.

3. Determination on the grounds for appeal

A. On August 1, 2019, the Defendant, at around 13:46, is the victim C (the age of 27) who resides in adjoining areas due to the waste abandoned on the access road to the Hayangyang-gun, Chungcheongnamyang-gun, Bridge.