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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal is erroneous in the misapprehension of legal principles as to the facts charged of this case, which affected the conclusion of the judgment, although the defendant did not assault the victim.
2. Determination
A. Prior to the judgment on the grounds for appeal ex officio, the prosecutor examined ex officio prior to the judgment on the grounds for appeal of ex officio, and the prosecutor applied for changes in indictment with the content that "victim A" as stated in the first instance of the facts charged in the instant case is changed to "victim E," and since this court permitted this, the judgment of the court below was no longer maintained.
However, the defendant's assertion of mistake of facts concerning the changed facts charged is still subject to a trial by this court, despite the above reasons for ex officio reversal, and this is examined below.
B. The judgment of the court below as to the defendant's assertion is based on the evidence duly adopted and investigated by the court below, i.e., ① the statement of the victim who appeared as a witness in the court of the court below and testified in conformity with the facts charged in this case is consistent and credibility in the specific and major parts; ② the police officer who was dispatched to the scene after receiving a report confirmed the part of the victim's arms; ③ the "tax officer" stated in the report on the field of the assault case that "the part of the defendant's arms is very red," ③ there is no reason for the victim to dismiss the defendant; ④ According to the investigation report (on the field situation), the defendant at the time of this case, was under the influence of alcohol to the extent that it can sufficiently prove the fact that the defendant abused the victim, and thus, there is no error of mistake of facts as pointed out in the judgment below which convicted the defendant of the charges in this case.