상해
The judgment of the court below is reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
1. The gist of the grounds for appeal is that the defendant has made an oral dispute with the victim, but the court below which found the defendant guilty of the facts charged that the defendant inflicted an injury on the victim by doing such price act, although he did not have used violence as to getting the victim's loss or booming the victim's interest, there is an error of mistake of facts affecting the conclusion of the judgment.
2. Determination:
A. According to the evidence duly adopted and examined by the court below, ① the defendant and the victim did not have a good appraisal with an issue of use of a flat road. The defendant discovered that the victim was on board the victim's cell phone at around 12:00 on October 29, 2012, and the above road is owned by the defendant, and the victim said that the above road is owned by the defendant, and the above road is a private road. ② The victim resisted the defendant that the victim has the right to pass through the ditch, ② the victim has the right to pass through the ditch, ③ The defendant and the victim suffered appraisal, ③ the victim's own Handphone, and the victim took about 3 minutes and 23 seconds of the victim's cell phone. The victim continued to do so, ④ The victim's physical conflict with the victim's cell phone at around 19 minutes after the victim's cell phone without any physical conflict with the victim's cell phone at around 19 minutes after the victim's cell phone.
In addition, the following circumstances, which can be seen by the evidence mentioned above, are faced with the inner border that was used by the victim, and the defendant also has led to the confession of the victim's face during the rash disputes, and (b) the mobile phone.