The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

1. According to each evidence submitted by the prosecution, the summary of the grounds for appeal (the fact-finding) is sufficiently recognized, such as the statement of the facts charged in this case.

Nevertheless, the court below found the defendant not guilty of the facts charged in this case. The court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.

2. Determination

A. Before the judgment on the grounds for appeal by the prosecutor ex officio, the prosecutor examined ex officio prior to the judgment on the grounds for appeal by the prosecutor, and the prosecutor applied for changes in indictment with regard to the name of the crime in this court, Article 260(1) of the Criminal Act, "Article 260(1) of the Criminal Act" as the applicable provisions of the Act, and the facts charged as stated below as the facts charged, and since this court changed the subject of the judgment by granting permission,

However, the judgment of the court below has the above reasons for ex officio reversal.

Even if the prosecutor's assertion of misconception of facts about the injury which was the primary charge due to the addition of the ancillary charge is still subject to the judgment of this court.

The paragraph will be examined.

B. In light of the records, a thorough examination of the judgment on the assertion of mistake of facts (the main charge in this court) by the court below in detail in light of the records, the court below is justified in finding the defendant not guilty on the ground that there is no evidence to prove the facts charged of the injury in this case based on the fact-finding and the examination of the evidence that was conducted in the process, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts as alleged by the public prosecutor. Thus, the prosecutor'

C. However, as to the ancillary facts of this case, the defendant also recognized some of them, and there are many cases of legitimate adoption and investigation at the court below.