The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

1. The court below erred by misapprehending the facts of the crime of bodily injury on the part of the defendant, although the evidence submitted by the prosecutor alone that the defendant injured the victim's chest, it cannot be found that the defendant injured the victim's chest.

2. Determination

A. The Defendant asserted the same purport in the lower court’s judgment as to the Defendant’s assertion.

On the other hand, the court below rejected the defendant's assertion and recognized the defendant's crime of injury in detail on the basis of the second summary of the evidence of the judgment.

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just and it does not seem that there was an error of law by misunderstanding facts and affecting the conclusion of the judgment.

Therefore, the defendant's assertion is not accepted.

B. The appellate court for ex officio determination may decide ex officio on the grounds that affect the judgment, even where the grounds for appeal are not included in the grounds for appeal (Article 364(2) of the Criminal Procedure Act). If the defendant appealed only on the grounds of mistake of facts, the appellate court ex officio reverses the judgment of the first instance on the grounds of unreasonable sentencing, and determines

(see, e.g., Supreme Court Decision 90Do1021, Sept. 11, 1990). We examine the sentencing of the lower court against the Defendant ex officio in accordance with such legal doctrine.

It is disadvantageous that the defendant did not reflect his fault until the trial is just.

On the other hand, the fact that the degree of injury suffered by the victim is not very serious, the fact that the victim does not want the punishment against the defendant by mutual consent with the victim when it comes to the trial, and that the defendant does not have any record of criminal punishment except for the punishment of a fine by around 1978.

In addition, the argument of the court below and the party deliberation.