The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant: (a) had tried to do a movement at the time of the instant case; (b) however, (c) had the victim faced with her head while she was faced with her mother while she was faced with her mother while she was faced with her mother; and (d) there was no fact that the Defendant left the part of her head due to her mother.

Nevertheless, the judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence imposed by the lower court on the Defendant (one year and six months of imprisonment, two years of suspended execution, and 120 hours of community service) is too unreasonable.

2. Determination

A. Before determining the grounds for appeal by the defendant ex officio, prior to the determination of the grounds for appeal by authority, the prosecutor examined the crime against the defendant as "special injury", and the applicable provisions of the Act on the Punishment of Violences, etc. are amended to "Article 3 (1), Article 2 (1) 3, and Article 257 (1) of the Criminal Act" as "Article 258-2 (1) of the Criminal Act and Article 257 (1) of the Criminal Act" and "Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act". Since this court permitted this, the judgment of the court below was no longer maintained in this respect.

However, even if there are such reasons for ex officio destruction, the argument about mistake of facts against the changed facts is maintained, and this will be examined below.

B. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the defendant can be sufficiently recognized that the defendant inflicted bodily injury upon the victim's left head, as stated in the facts charged of this case, in light of the following circumstances. Thus, the defendant's assertion of mistake of facts is without merit.

(1) A victim has since an investigative agency to the court below.