The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (the factual error) is that the court below found the defendant guilty of the facts charged in this case, although the defendant cited the two main diseases at the time of this case and did not have the head of the victim, it erred by misapprehending the facts, thereby affecting the conclusion of

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, prior to the judgment on the grounds for appeal by the court below, the prosecutor examined the facts of the crime as stated in the judgment of the court below as "special assault", and applied for the amendment of indictment with the purport of changing the applicable provisions into "Articles 261 and 260 (1) of the Criminal Act", and since this court permitted this, the judgment of the court below is no longer maintained.

However, the defendant's assertion of misunderstanding of facts that is not contrary to the above is still subject to the judgment of this court within the scope of the court, and this is examined.

3. The following circumstances, which can be acknowledged by the court below and the court below's duly admitted and investigated evidence on the defendant's assertion of mistake of facts, ① the victim has made a relatively detailed and detailed statement about the damage from the police to the court below's prior to and after the crime, and the victim's statement is not deemed to have made a false statement in order for the defendant to mislead the defendant. ② The witness E and the witness witness of the court below at the scene of the crime in this case at the court below, J, K, and G also made a statement that corresponds to the victim's statement in lieu of the victim's statement in relation to the circumstances and circumstances of the crime in this case at the investigation agency and the court, whereas the defendant did not submit any material to reject the credibility of the victim's statement, ③ immediately after the crime in this case, the police officer taken by the investigative agency.