The judgment of the court below is reversed.

The defendant shall disclose the summary of the judgment of innocence against the defendant.

1. The defendant's act of standing and standing a kin, which is a dangerous object to the victim, constitutes violence as an exercise of unlawful tangible power against the victim even if the defendant does not directly contact the victim's body;

2. Judgment ex officio (Changes in indictment) shall be deemed ex officio prior to the judgment on the grounds for appeal.

In the trial of the party, the prosecutor shall regard the name of the defendant as "special assault", and the applicable provisions of law as "Articles 261 and 260 (1) of the Criminal Act", and the facts charged are set forth in the third above.

As stated in paragraph (1), an application for changes in the bill of amendment was filed, and this court permitted this change, and thus the judgment of the court below was no longer maintained.

However, despite the above reasons for ex officio destruction, the prosecutor's assertion is still subject to the judgment of this court within the scope of determining the modified facts charged.

Therefore, the following should be examined, but it will be judged on the premise of the changed facts charged.

3. Judgment on the prosecutor's grounds for appeal

가. 변경된 공소사실 피고인은 2018. 3. 12. 23:20경 울산 동구 D 피해자 B(여, 46세)이 운영하는 ‘E주점’에서 피해자가 술값을 잘못 계산했다는 이유로 시비되어 피해자가 피고인의 부인에게 욕설을 하자, “야 이년아 누구한테 욕을 하냐 내가 전라도 깽깽인데 오늘 내한테 한번 맞아봐라”라고 소리치며 계산대 위에 놓여있던 위험한 물건인 석고 조각상(가로 약 30cm , 세로 약 60cm )을 피해자를 향해 집어던졌다.

Accordingly, the defendant carried dangerous objects and assaulted the victim.

B. In a judgment, the burden of proving the facts charged in a criminal trial is to be borne by the public prosecutor, and the conviction is to ensure that the facts charged are true to the extent that there is no reasonable doubt by the judge.