The judgment below

The defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that this judgment.

1. Summary of grounds for appeal;

A. Fact-finding (the violation of the Punishment of Violences, etc. Act) is limited to physical fighting with the victim, and there is no fact that the victim's grandchildren are fire-fighting.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment, two years of suspended execution) is excessively unreasonable.

2. Ex officio determination

A. We examine ex officio the case at the trial, and the prosecutor applied for changes in the indictment with the phrase “fire extinguishers” under Paragraph (2) of the facts charged of this case as “the fire extinguisher is added and then added.” Since this court permitted this, the judgment of the court below was no longer maintained.

B. However, the defendant's assertion of mistake of facts is still subject to the judgment of the court, and this is examined below.

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

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, the victim consistently stated from the investigative agency to the court of the trial that "on the part of the defendant at the entrance of the stairs that are coming under the ground, the victim was able to take a rail of the stairs with the left hand, but the defendant was able to take a fire extinguisher, and the location of the defendant and the victim at the time, the process of fighting the body of the defendant and the victim, the shape of the defendant putting the fire extinguisher, etc.; ② the F, J, K, and G stated that both the defendant and the victim showed that the victim was faced with the skin at hand immediately after they were proved by the defendant and the victim; ③ the victim stated that the victim was sent the victim from his hand; ③ the victim was sent a field photograph to the F, who was called the worker F, after being treated at the hospital, and F was laid off at around 19:02 on June 22, 2012; ④ the location of the victim and the victim’s fire extinguisher at the time of the bar.