The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. The summary of the grounds for appeal of this case is that there is no fact that the defendant committed a crime stated in the facts charged.

2. Determination

A. We examine ex officio the judgment on the grounds for appeal by the defendant for ex officio determination in accordance with Article 364(2) of the Criminal Procedure Act.

The prosecutor changed the name of the defendant from "injury" to "injury" from "Article 257 (1) of the Criminal Act" to "Article 262 and Article 257 (1) of the Criminal Act", and applied for amendments to an indictment with the content that changes the facts charged in the facts charged as stated below in the judgment of the court below, and the court permitted this.

As such, the subject of the judgment of the court below was changed in the trial, and the judgment of the court below was no longer maintained.

However, despite the change of facts charged as above, the defendant's assertion of mistake of facts is still subject to the judgment of this court.

B. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the fact that the Defendant inflicted an injury by assaulting the victim is recognized.

Therefore, the defendant's assertion of mistake is without merit.

3. The judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and it is decided as follows.

[C] Around 18:00 on October 12, 2013, the Defendant, as a matter of a real estate contract in front of a wooden 1 apartment located in Yangcheon-gu Seoul Metropolitan Government, Yangcheon-gu, Yangcheon-gu, 932, committed an assault by a victim C (the age of 64) with a telephone call, not receiving a handphone, and fluoring the handphone’s hand by hand. Accordingly, the Defendant suffered an assault by fluoring the victim’s hand on the right side of the music that requires treatment for about 28 days as the Handphone is fit for the victim’s entrance.

b)a summary of the evidence;