The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is that the court below found the Defendant not guilty on the grounds that “the investigation records of this case were destroyed due to the expiration of the preservation period and there is no evidence to prove the facts charged,” but the evidence was submitted in the trial, and thus, the facts charged of this case can be found guilty.

2. The prosecutor submitted the evidence in the first instance trial for the determination, and the above evidence complies with the facts charged in the instant case and has credibility.

Since it is judged, the defendant can be found guilty of the facts charged in this case.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided as follows.

[Judgment used again] The Defendant is a person who is engaged in daily work of the public entertainment bar C in Geumcheon-gu Seoul Metropolitan Government.

On November 22, 2011, at around 21:30, the victim D (46 taxes, ship houses) who was found to be a customer in Geumcheon-gu Seoul Metropolitan Government public entertainment bar B, was pushed down in his hand with the body of the wall, and the head was teared. In addition, the victim D (46 taxes, ship houses) was injured by the number of days of treatment.

Summary of Evidence

1. The criminal place;

1. A report on the occurrence of an injury;

1. Application of Acts and subordinate statutes to a report on investigation results;

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Selection of Punishment;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The fact that the defendant has been punished several times for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, and the defendant has been sentenced to separate detention, and the defendant is in an unfaithd position, such as contact between the defendant and the defendant after being released from the court of the court of the court below, and the defendant's age, sexual conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., are taken into account, and the punishment is determined as ordered.