폭행등
The judgment below
The acquittal portion shall be reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall be imposed on the defendant.
1. On July 16, 2016, the lower court dismissed the public prosecution regarding assaulting around July 16, 2016 among the facts charged in the instant case, and sentenced not guilty on the injury around August 7, 2016. On this basis, only the prosecutor appealed on the part of the lower judgment on the ground of misconception of facts as to the acquittal. Of the lower judgment, the dismissal part of the prosecution among the lower judgment was excluded from the object of this Court’s trial because the Defendant and the Prosecutor did not appeal for the dismissal part of the prosecution, and
Therefore, the scope of this court's trial is limited to the acquittal part of the judgment below.
2. In relation to the summary of the grounds of appeal, according to the statement and diagnosis of the victim and witness, even though it can be recognized that the defendant inflicted an injury on the victim, the lower court erred by misapprehending the facts and acquitted the victim of the charge.
3. Prior to the judgment on the grounds of ex officio appeal, the prosecutor examined ex officio prior to the judgment on the grounds of appeal, and the prosecutor applied for changes in indictment to the effect that the facts charged with the injury which the court below acquitted was the primary facts charged, and added the facts charged with the assault to the following (the reasons for the new judgment). Since this court permitted it, the judgment of the court below cannot be maintained further, since it was changed to the subject of the judgment upon permission.
However, despite the above reasons for reversal of authority, the prosecutor's assertion of mistake as to the primary facts charged is still subject to the judgment of this court.
4. Judgment on the assertion of mistake of facts as to the primary facts charged
A. On August 7, 2016, the Defendant, at around 08:00 on August 7, 2016, in exchange for the external characters, such as “I wish to love, or too much to be reported,” the victim D through E and Kakao Stockholm on August 6, 2016.