The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

1. Summary of grounds for appeal;

A. There is no misunderstanding of facts that the defendant assaulted the victim's distribution, shoulder, etc. by drinking.

B. The sentence imposed by the lower court (one year and two months of imprisonment) is too unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

A prosecutor applied for amendments to a bill of amendment to the indictment in Article 2 of the facts charged in the instant case, which changed the phrase “when a victim’s chests are broken off, etc.” to “when the victim’s chests are broken off, etc.,” and the subject of the judgment was changed by this court’s permission. As such, the judgment of the court below was no longer maintained.

However, despite the above reasons for ex officio destruction, the defendant's assertion of mistake of facts is still subject to the judgment of this court, and this is examined.

B. According to the evidence duly adopted and examined by the court below and the witness C's statement at the court below, the defendant can sufficiently recognize the facts of assaulting the victim's chest by drinking. Thus, the above argument by the defendant is without merit.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen above.

Criminal facts

The summary of the facts constituting a crime and the evidence admitted by the court is as follows. The summary of the facts constituting a crime as indicated in the judgment of the court below is as follows: (a) the "satisf and shoulder" in Paragraph (2) of the facts constituting a crime as indicated in the judgment of the court below as "satch"; and (b) the "satisfy trial statement of the witness C" is added to the summary of the evidence,

Application of Statutes

1. Relevant Article 314(1) of the Criminal Act, Article 260(1) of the Criminal Act, and Article 260(1) of the Criminal Act, and Article 1.