상해등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (in fact-finding, unreasonable sentencing) is that the defendant prices the victim's chest with his elbbow and inflicted an injury on the victim by drinking around the victim. However, the court below found the Defendant guilty of this part of the facts charged, which erred by misapprehending the facts, thereby affecting the conclusion of the judgment, and the judgment of the court below is unreasonable.
2. Determination:
A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the court below consistently states that the victim suffered an injury that the victim suffered from the snow around his snow due to drinking. The witness E of the court below consistently stated that the defendant was a blue part of the victim's chest with the right blue part of the defendant, and the victim's face was damaged by the victim's blue, and the victim's face was damaged by the victim's blue part. The witness F and I stated consistently in the investigative agency and the court of the court to the effect that the victim's eye was flue of the following day of the occurrence of the case. The witness of the case also stated to the purport that the investigative agency deemed the victim's face when the defendant was the victim's face at the investigative agency, and the victim was issued with the diagnosis of injury that the victim suffered the victim's eye, and that the defendant was aware of the victim's breast and blue part of the charges.
B. We examine the argument of unfair sentencing, and argued that the Defendant did not inflict any injury on the victim, and did not recognize his/her mistake. However, the victim paid the Defendant the unpaid monthly rent of the shop, and without authority, returned the Defendant’s new post 50,000 won (which is equivalent to KRW 990,000).