The judgment below

The remainder, excluding the portion dismissed by an application for compensation order, shall be reversed.

Defendant shall be punished by imprisonment.

1. Fact-finding of the gist of the grounds for appeal: Although it can be sufficiently recognized by the prosecutor's evidence such as the victim's statement that the defendant sustained injury by assaulting the victim, the court below found the defendant not guilty of the facts charged in this case on the grounds as stated in its reasoning and found the defendant guilty guilty of the facts, thereby affecting the conclusion of the judgment (in case where an application for compensation is rejected, an applicant is immediately dismissed without raising an objection and a decision of rejection becomes final and conclusive, and cannot make the same application for compensation again without raising an objection to the appellate court (see Article 32 (4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc.), the part rejecting the application for compensation at the court below is excluded from the judgment of this court).

However, as seen later, the Additional Preliminary facts charged is found guilty, and the remainder of the judgment below, except the rejection of the application for compensation order, cannot be maintained in this respect.

However, despite the above reasons for ex officio destruction, the prosecutor's assertion of mistake of facts is still subject to the judgment of this court, and the defendant contests the ancillary charges added in the trial.

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

A. Preliminary facts charged are as to whether the defendant assaulted the victim.