The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. There was a criminal intent to injure the defendant as to the summary of the grounds for appeal.

2. Determination

A. On July 23, 2013, the Defendant: (a) around 23:40 on July 23, 2013, the summary of the facts charged showed that, within the E main office operated by the victim D in Jung-gu Incheon, Jung-gu, Incheon, the Defendant was seated with another customer on the ground that the Defendant was satisfing with the other customer; (b) the Defendant was a minor disease, which was dangerous to the face of the victim who was seated on the tebbbbb, and gave tear to the victim for two weeks.

B. The summary of the judgment of the court below does not have any reasonable doubt that the defendant was suffering from the illness despite being aware that the defendant was flicked with the victim or was flicked with the victim.

C. In full view of the evidence duly admitted and examined by the lower court, the following facts can be acknowledged.

① At the time, there was a dispute between the Defendant and the Defendant at the same time, and as a result, D set the barbs on the tables at a distance of up to one meter from the Defendant.

② The Defendant laid down the last remaining small liquor on the table, and D caused it to the Defendant.

③ However, the Defendant was faced with D’s body, which was familiar with the Defendant’s body, and D’s body caused the body and faces the face of the relevant her body.

(4) A defendant shall not properly memory the situation at the time.

Judgment

It seems that there was a criminal intent to inflict a bodily injury on the defendant.

Therefore, prosecutor's assertion is justified.

3. Therefore, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

ARTICLE 2-A

same as the entry in paragraph.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, the Criminal Act;