상해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. In a case where: (a) the injured party’s wife suffered by mistake of facts or misapprehension of the legal doctrine is extremely minor and thus, the injured party’s wife may normally occur during his daily life; and (b) there is no need to treat the injured party in a natural way and there is no hindrance in daily life without any need to treat; and
In addition, since the victim expressed his intention not to be punished against the defendant, the court below should have rendered a decision dismissing the prosecution against the defendant.
Nevertheless, the court below found the defendant guilty of the facts charged of this case. The court below erred by misunderstanding the facts or misunderstanding the legal principles.
B. The sentence sentenced by the lower court (4 months of imprisonment and 1 year of suspended sentence) is too unreasonable.
2. In full view of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the lower court as to the assertion of mistake of facts or misapprehension of the legal doctrine, the lower court’s judgment that found the Defendant guilty of the facts charged of this case is justifiable, and there is no error of misapprehending the legal doctrine as alleged by the
Therefore, the defendant's above assertion is without merit.
(1) At the stage of investigation, the aggrieved person is deemed to have received physical therapy and injection from a person outside the prison where he/she administered his/her face mainly after the defendant takes his/her face.
was stated.
② On September 23, 2016, when two days from the date of the instant case occurred, the Defendant was diagnosed as having been in need of one week’s medical treatment due to the plane, scopical coordinate, and scopical coordinate in the H regularly located in the military.
③ According to the record of medical treatment and the results of the Party’s deliberation’s reply on the facts about H regular beyond the fixed line, the victim diagnosed that the victim’s visit to the right upper part at the time of internal application is in need of one week’s medical treatment on the face of the red, side, pressure pressure, red reflect and pressure pressure, the part existing in the light, and one week’s medical treatment on the face of the inside part at the time of internal application, and on that part.