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. Although there is a misunderstanding of facts that the defendant gets the victim's head debt, there is no fact that the defendant gets the victim's head debt over the floor and leads the victim.

B. In light of the overall circumstances of the instant case of unreasonable sentencing, the lower court’s punishment (one million won of fine) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the prosecutor applied for changes in the indictment with the phrase “criminal facts” as stated below in accordance with the Defendant’s assertion of misunderstanding of facts at the trial court. Since the subject of the judgment was changed by this court’s permission, the judgment of the court below was no longer maintained.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining the defendant's assertion of unfair sentencing, on the ground that the above ground of ex officio reversal exists, and the defendant's amendment of indictment was made

[D] At around 17:30 on July 2, 2012, 2012, the Defendant: (a) reported that D, a partner of private dance in Ulsan-gu 5th floor C building in Ulsan-gu, the fiveth floor of the C building, performed dancing with the victim E (n, 65 years old) and private dance; and (b) caused the victim, who was under dancing by spraying the back head of the female, led the victim by taking the back head of the female, leading the victim to the victim for approximately two weeks of medical treatment.

Summary of Evidence

1. The defendant's oral statement in court;

1. Statements made by E and D in the trial records of the original judgment Nos. 3 and 4 of the original judgment;

1. Legal statement of I in the first instance;

1. Each police statement of E and D;

1. Application of Acts and subordinate statutes of two weeks to the medical certificate of injury;

1. Relevant Article of the Criminal Act and Article 257(1) of the Criminal Act concerning the selection of criminal facts;