폭력행위등처벌에관한법률위반(공동상해)
The judgment of the court below is reversed.
The Defendant is not guilty. The summary of the judgment of this case is publicly notified.
1. The summary of the grounds for appeal (a factual error) did not have assaulted the victim, and only was assaulted by the victim.
2. Ex officio determination
A. We examine ex officio before determining the grounds for appeal by the defendant.
In the trial of the trial, the prosecutor applied for changes in indictment with the content that the name of the crime against the defendant is "Assault" and the applicable provisions of law are "Article 260 (1) of the Criminal Act".
The judgment of the court below is no longer maintained as the subject of the judgment was changed by this court's permission.
On October 25, 2013, at around 15:10 on October 25, 2013, the Defendant discovered the victim E (or 76 years of age) on the road of Bupyeong-gu, Incheon, Bupyeong-gu D apartment 101, and, on the other hand, abused the victim’s face at one time.
B. However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court despite the above reasons for ex officio destruction, and this is examined.
3. Judgment on the defendant's assertion of mistake of facts
A. According to the evidence duly adopted and examined by the lower court and the trial, the following circumstances are recognized.
1) The Defendant asserts that there was no consistent assault by the investigative agency against the victim from the victim, and that there was only the victim’s assault from the victim. A) B is consistent with the Defendant’s statement in the following manner:
B Sheging together with the Defendant on the day of the instant case, and the victim expressed his desire to B and the Defendant in the Samsan Tri-distance street street.
Accordingly, B refers to the defendant and the defendant after the victim speaks the victim, and the victim followed the back water of the defendant by leaving the back water of the defendant, and added a vision when the victim and the defendant wanted to face, and the victim and the defendant read the shoulder of each other in both hands.