상해
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the fact that the defendant's provisional harm act overlaps with that of the defendant's daily harm and causes the result of the injury to the victim can be sufficiently recognized.
Nevertheless, the lower court erred by misapprehending the legal doctrine on the charges of this case.
2. The following facts charged are examined ex officio prior to the judgment on the grounds for appeal by the public prosecutor ex officio, and the public prosecutor raised the case at the trial.
3. A. A. Change as stated in the facts charged, the name of the conjunctive charge as stated in the separate sheet, and the name of the conjunctive charge as “Assault” was added to “Article 260(1) of the Criminal Act”, and the preliminary application of the law was requested to amend the bill of amendment to the effect that the subject of the trial was changed by this court’s permission. As such, the judgment of the court below was no longer maintained.
However, even if there are such reasons for reversal in the judgment of the court below, the argument that there is a misunderstanding of the facts as to the injury which is the primary facts charged due to the addition of the conjunctive facts charged is still subject to the judgment of the court of this Court
3. Determination as to the assertion of mistake as to the injury
A. The summary of the facts charged is that the Defendant was working at the dormitory construction site in D University located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul. On November 3, 2015, around 17:00, the Defendant completed work at the victim E (46 years of age)’s escape room in the above construction site and, on November 3, 2015, set off the Defendant’s bank, etc., who was suffering from the Defendant’s clothes at the site of the building site and laid down the clothes on the floor.
“In the course of being followed, the victim was able to gather the safety appearance on the floor by setting up against the face of the defendant on the ground that the defendant, who was the victim's age, was satisfying against him/her, and the face part of the victim was satisfy.
immediately after that, the defendant's behaviors, such as F, are the defendant.