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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The key issue of this case is whether the defendant exercised the physical force of the victim D's body, and the statements of D related to the damage they received are consistent, and the statements of E, G, and M, which witness the situation at the time, conform to the above statements of D.
Therefore, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous.
2. In the trial of the case, the prosecutor of the judgment ex officio applied for changes in the contents of the facts charged of this case " ", in the course of the trial of the case, the defendant abused the victim by assaulting the victim for about two weeks of treatment, such as using the victim's face part once in the course of the trial of the defendant's arms and scambling the defendant's arms, and scaming the victim's face part once in the course of the trial of the victim's scam, and scaming his own head scams, etc.", and the applicable provisions of this case "The defendant abused the victim by scambling the defendant's head scams and scams, etc., and applied for changes in the contents of this case to "Article 260 (1) of the Criminal Act" in "Article 257 (1) of the Criminal Act", and the judgment of the court below cannot be maintained as it is.
However, even if the judgment of the court below has the above reasons for ex officio destruction, the prosecutor's assertion of mistake is still subject to the judgment of the court, and this is examined.
3. Judgment on the prosecutor's assertion of mistake of facts
A. The lower court found the Defendant not guilty of the facts charged prior to the alteration on the ground that it is difficult to deem that the Defendant, at the time, abused the victim by means of assaulting the victim’s face by hand or sculing head debt by sculing the head debt, etc. in the process of making the victim with D and vagabonds.
(b) The recognition of conviction in a single criminal trial for the decision of the trial court is reasonable by a judge.