The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. In the absence of any injury to the victim C and D as stated in paragraphs (1) and (2) of the facts constituting a crime in the judgment of the court below, the defendant guilty of all of the facts. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. On the second day of the trial of the trial of the case, the prosecutor ex officio requested changes in exchange with the part of "a summary of the facts and evidence" as stated in paragraph (2) of the existing facts charged in this case (hereinafter "the second part of the charges"), and applied for amendments to an amendment to an indictment adding "Articles 37 and 38 of the Criminal Act" to the applicable provisions of the Acts, and since the same is changed by this court's permission, the part of paragraph (2) of the facts charged in the judgment of the court below in this regard cannot be reversed.

However, even if there is a reason to reverse ex officio, the defendant's assertion of mistake is still subject to the judgment of this court, and this is examined in paragraph (3) below.

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

A. In full view of the following circumstances found by the evidence duly adopted and examined by the court below as to the first denied part or the record, the court below's judgment convicting the first denied part is just, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts.

Therefore, we cannot accept this part of the defendant's assertion of mistake.

① The victim C consistently has been sprinked from the investigative agency to the lower court’s trial. “On August 7, 2014, at night, with stone attached from the Defendant at the plaza of the Northern Dopo-dong, Busan.”

당시 피고인 등 10명 정도가 ‘도지릿고땡’이라는 도박을 하고 있어서 하지...