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. The defendant does not have any fact of priceing the victim.

Nevertheless, the court below found the defendant guilty of injury by misunderstanding the facts.

B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The victim made a statement to the effect that the Defendant was the child at the time of drinking in the investigative agency regarding the assertion of mistake of facts.

On the other hand, the defendant asserts that there is no fact that the victim was living until the investigation agency, the court below, and the court of appeal.

In light of the following circumstances acknowledged by the record, i.e., (i) the victim stated that he/she was faced with another hand while saving his/her head with one arms; (ii) according to CCTV images, the Defendant does not seem to have been faced with the face of the victim; and (iii) in light of the volume and condition of the damage (such as the full omission of the face) and the state of return (the same applies to the witness’s statement, the same applies to the witness’s statement) it is difficult to readily conclude the Defendant as an injury at the price as the victim’s statement, the evidence submitted by the prosecutor alone cannot be deemed as having inflicted an injury upon the victim’s face with his/her intent to inflict an injury.

B. On the other hand, when it is deemed that there is no concern that a substantial disadvantage to the defendant's exercise of his/her right to defense may be inflicted on the defendant in light of the progress of the trial, the court may ex officio recognize facts constituting a crime different from the facts charged to the extent consistent

(See Supreme Court Decision 2005Do9268 Decided April 13, 2006, etc.). The following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, ① the victim made a consistent statement with the Defendant regarding the details and process of assaulting the Defendant.