상해
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. Summary of grounds for appeal;
A. The Defendant does not have any misunderstanding of facts against the victim’s left shoulder by drinking together with the facts charged.
B. In light of the legal principles, even if the Defendant suffered an injury by the victim during the process of fighting between the victim and F, the Defendant’s act constitutes self-defense or legitimate act to prevent the present unfair infringement against F.
C. The sentence of the lower court’s unreasonable sentencing (the fine of 500,000 won) is too heavy.
2. Determination
A. The summary of the facts charged in the instant case and the judgment of the court below 1) The summary of the facts charged in the instant case is as follows: “The Defendant, at around 14:30 on August 14, 2013, expressed that at the Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul, 101 room, the victim who is in dispute with F (F, 60 years of age) will be able to report the Defendant’s possession of the above heading room to F (F, f0 years of age) with F (F) and carried out physical fighting with F (F) and then spabling the female more than once, and the Defendant spabling the victim’s left part of the victim’s body with the victim’s physical fighting against it.” The court below found the Defendant guilty on the ground that the victim and G court’s statement in the judgment below and the Defendant’s diagnosis letter against the Defendant.”
B. In a single criminal trial for the judgment of the court of first instance, the conviction shall be based on evidence with probative value so that a judge may form a reasonable conviction to the extent that there is no room for deliberation. If the prosecutor’s proof does not reach such a level of conviction, even if there is a suspicion of guilt against the defendant, the conviction shall not be easily acknowledged. Meanwhile, the injury diagnosis submitted by the victim of the crime of injury generally ascertains the cause of the injury based on the victim’s statement and mobilization of medical expertise.