The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

1. Although the victim’s statement on the part of the damaged part of the grounds for appeal (misunderstanding of facts) is somewhat inconsistent, in light of the fact that the police consistently made a statement about the defendant’s face from the police to the court of original trial, the fact of assault by the defendant can be sufficiently recognized.

Nevertheless, the judgment of the court below which acquitted the defendant is erroneous by misunderstanding the facts and affecting the judgment.

2. Before making a judgment on the grounds for ex officio appeal, the Prosecutor added “Articles 37 and 39(1) of the Criminal Act” to the Defendant’s applicable law in the trial court. Of the facts charged, the Defendant appealed on February 14, 2017 at the Seoul Northern District Court, who was sentenced to a stay of execution for six months and was sentenced to a stay of execution at the Seoul Northern District Court on February 14, 2017 and continues the appellate trial.

“The Defendant was sentenced to the suspension of the execution of official duties by the Seoul Northern District Court on February 14, 2017, and was sentenced to the suspension of the execution of two years on October 11, 2017.

“Application for Amendments to Bill of Indictment was filed,” and the subject of the adjudication was changed by this court’s permission, and the judgment of the court below was no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's assertion of misunderstanding the facts, and it is again decided as follows through pleading.

[Grounds for the judgment in Seoul Northern District Court's decision] On February 14, 2017, the defendant was sentenced to the suspension of the execution of official duties for six months in Seoul Northern District Court, and the judgment became final and conclusive on October 11, 2017.

At around 07:50 on November 30, 2016, the Defendant, while drunkly drinking in the above singing room 6 room, she walked “A.” to the victim E (39 years old), who was a flag, “I will play as soon as possible,” and she will play for the following.

“....”