상해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
The above fine shall not be paid by the defendant.
According to the evidence submitted by the prosecutor, it is recognized that the Defendant inflicted an injury on the victim by cutting down the victim with the floor of hand and cutting down the victim’s breath and then cutting down the breath in the bottom of the body of the victim, and then cutting down the victim’s 4-day medical treatment.
In the case of a trial for ex officio determination, the prosecutor applied for the amendment of indictment to add the ancillary facts charged, the name of the ancillary crimes, and the applicable provisions of Acts to the primary facts charged as follows. Since the subject of the trial was changed by this court's permission, the judgment of the court below was no longer maintained in this respect.
[The facts charged] On April 3, 2012, the Defendant: (a) requested the victim E (72 years of age) to cooperate in the river site in which the victim was cultivated for a period of up to 14 days, but the victim rejected such request; (b) took the victim’s bath to “this may do so” out of the above rest area; (c) was pushed the victim out of the above rest area; (d) the victim was tightly pushed the shoulder of the victim and the victim; and (e) was tightly pushed down the shoulder within the said rest area; and (e) the victim was killed and injured the victim during the instant rest area for about 14 days on the ground that the victim was able to cooperate with the said rest area for about 14 days; and (e) the victim was spawd with the victim on the ground that the victim was spawd during the instant rest area.” [Preliminary facts charged] The Defendant was able to spawd the victim’s motive and tension with the victim on April 20, 20, etc.