폭행
All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of KRW 3,500,000.
The above fine shall be imposed on the defendant.
1. The summary of the grounds for appeal (misunderstanding of facts) is unlawful in the judgment below which convicted the Defendant even though the Defendant did not assault the victim as stated in each of the facts charged of this case or did not have the intention of assault.
2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, this Court tried to jointly examine the appeal case of KRW 2 in the first instance judgment and the appeal case of KRW 2 in the second instance judgment. Each of the lower judgment against the Defendant is in a concurrent relationship under the former part of Article 37 of the Criminal Act with regard to concurrent crimes under Article 38(1) of the Criminal Act, and should be punished as a single sentence within the scope of the term of punishment aggravated for concurrent crimes under Article 38(1) of the Criminal Act. Thus, the lower
3. The above judgment of the court on the defendant's assertion of mistake of facts also requires the judgment of this court as to the defendant's assertion of mistake of facts. Thus, according to the evidence duly adopted and investigated by the court below, the facts charged of this case and the defendant's criminal intent can be fully recognized. Thus, the judgment below which convicted the defendant is just, and the defendant's assertion of mistake of facts is not accepted.
4. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is so decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment for a crime (elective of a punishment);
1. Articles 10 (2) and 10 (1) and 55 (1) 6 of the Criminal Act (person with mental or physical weakness) of the Criminal Act mitigated by law;
1. The former part of Article 37 of the Criminal Code, and Article 38.