The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

1. According to the summary of the grounds for appeal, the evidence submitted by the prosecutor, especially the victim and witness, and each statement by the victim and witness, the judgment of the court below which acquitted the defendant of a serious injury as stated in the facts charged, even though it can be recognized that the defendant inflicted such serious injury on the victim, is erroneous in

2. An ex officio prosecutor shall retain the facts charged as to a serious injury which the court rendered a not guilty verdict in this court as the primary facts charged, and applied for amendments to a bill of amendment containing the same contents as the facts stated in the facts charged in the preliminary charges as "Article 260 (1) of the Criminal Act", and applied for amendments to a bill of amendment with respect to the facts charged as stated in the facts charged as "the reasons why the court used" under the preliminary facts charged. This court permitted it

However, as seen below, this Court acquitted the Defendant on the above serious injury as the primary facts charged, and found the Defendant guilty of assault, which is the ancillary facts charged, so the lower judgment that only the primary facts charged, can no longer be maintained.

However, despite the above reasons for ex officio reversal, the prosecutor's assertion of mistake of facts about the primary facts charged is still subject to the judgment of this court, and this is examined below.

3. Judgment on the prosecutor's assertion of mistake of facts

A. The summary of this part of the facts charged is as follows: (a) the Defendant, at around 19:00 on January 25, 2019, at “C” located in Jeju City; (b) the victim D (the 60-year-old age) who is a company partner, was well fluored in the future; and (c) was dissatisfied with the victim’s fluoring that he was fluoring, and was fluord by drinking, when he was fluoring the victim’s right side part and face part of the victim’s eye and face, resulting in constant or extreme damage to the victim’s fluoral brutosis (the fluoring of snow, all of the above injuries, hereinafter referred to as “instant serious injury”).