The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. In full view of the following facts: (a) the victim’s statement consistent with the facts charged is inconsistent with the victim’s statement that conforms to the facts charged; (b) there is no credibility because the victim’s statement is inconsistent with the other witnesses’ statement; and (c) the victim’s escape from the part of the victim’s injury was either caused by a king or self-harm; and (d) there is no causal link with the instant case, the evidence submitted by the prosecutor alone is insufficient to recognize the fact that the Defendant inflicted an injury on the victim as the facts charged, but the lower court convicted

2. Prior to the judgment on the grounds for appeal ex officio, the prosecutor applied for amendments to the indictment with the content that “competence prize” among the facts charged in the instant case was changed to “competence, prize, and sacratal sacrat, etc.” on the fourth trial day of the trial in the instant case, and the judgment of the court below is no longer maintained as the case was changed to the subject of the judgment upon permission by the court.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, even if there is a ground for ex officio reversal as above.

3. Judgment on the assertion of mistake of facts

A. On November 22, 2011, the Defendant was running a community conference with the victim E (the age of 48) who was a Saemaeul leader in the D restaurant located in Gongju-si, Gongju-si on November 19:40, 201. On the ground that the victim, who was well in the role of the Saemaeul leader, was able to play a Saemaul leader, was able to bring the victim into a sat and satch with the victim’s satch, and bridged the victim’s face, and satched the victim’s face, etc. over about 28 days, the Defendant puted the victim into a sat, such as a dog, sat, sat, satus, etc.

B. In full view of the evidence submitted by the prosecutor, the lower court held that the Defendant and the victim were frighten and boomed on the floor.