상해등
The part of the judgment of the court of first instance against the defendant shall be reversed.
The sentence against the accused shall be KRW 3,000,000.
1. The judgment of this court on February 2, 1999, on the ground of appeal that there was no fact that there was no injury to the victim F, such as crypitis, which requires treatment for about two weeks in consideration of the victim F's chest due to the elbow after the victim F's elbing, and that there was no assault against the victim H due to drinking when the victim H's face was taken. Although there was a defry of the victim F's lebrat, there was no fact that the lebrat among the descendants of the victim B, but there was no injury that requires treatment for about 12 weeks in consideration of this fact) and unfair sentencing.
A. 1) As to the assertion of mistake of facts, the statement prepared by H, the statement prepared by the judicial police officer, the protocol of statement prepared by the prosecutor, and the part of the statement prepared by H among the suspect interrogation protocol prepared by the prosecutor, as evidence, did not correspond to “when a statement is unable to be made because there is any other similar cause” provided for in Article 314 of the Criminal Procedure Act, so long as H has attended the court of first instance and refused to testify by legitimately exercising the right to refuse to testify in accordance with Article 148 of the Criminal Procedure Act, it does not constitute “when a statement is unable to be made due to any other similar cause” provided for in Article 314 of the Criminal Procedure Act, and all of them cannot be used as evidence of guilt (see, e.g., Supreme Court en banc Decision 2009Do6788, May 17, 2012; on the other hand, the first instance and the court of first instance duly adopted each part of the evidence and examined the remaining evidence.