The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. Summary of grounds for appeal;

A. The defendant of mistake of facts did not have any fact that he had a beer cruel for the victim's face. However, the defendant suffered the victim's injury by sprinking the beer her fry of the beer her fry of the beer.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Before the judgment on the grounds for appeal ex officio, the prosecutor examined the case at the trial before the judgment on the grounds for appeal ex officio, and the prosecutor applied for changes in the indictment with the phrase “criminal facts” as stated in the previous facts charged, and since this court permitted this, the judgment of the court below was no longer maintained.

3. If so, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of mistake of facts and unreasonable sentencing, and it is again decided as follows.

Punishment of the crime

[Criminal Power] On December 19, 2003, the Defendant was sentenced to 8 years of imprisonment for robbery, injury, etc. by the Ulsan District Court and completed the execution of the sentence in the Busan Correctional Institution on February 10, 2012.

【Criminal Facts】

The Defendant, around 21:45 on May 17, 2013, performed drinking together with P in Ulsan-gu, Ulsan-gu, E and the Victim F (5 years of age) on the ground that the victim would make a half to E, while drinking alcohol, she saw the beer, which is a dangerous thing at the same time, and let the victim get off the beer.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of the witness Q, E, and F;

1. A photograph of confirming the injury of the victim, and a report on investigation (with respect to the failure to attach a medical certificate);

1. Previous records: Application of inquiries and inquiries, such as criminal records, and Acts and subordinate statutes on the identification status of suspects;

1. Relevant Articles of the Act concerning the facts constituting the crime;