상해
The judgment of the court below is reversed.
The sentence of sentence shall be suspended for the defendant.
Of the facts charged in the instant case, H.
1. The gist of the grounds of appeal is that the Defendant did not inflict any injury on H and I, and with respect to H, there was no intention to inflict any injury on H by an act from the process of fighting with K, and even if not, it constitutes an emergency evacuation and self-defense.
Nevertheless, the court below found all of the charges of this case guilty, and the court below erred by misunderstanding of facts or misunderstanding of legal principles that affected the conclusion of the judgment.
2. Determination:
A. On September 26, 2010, the summary of this part of the facts charged is as follows: (a) around 12:00 on September 26, 2010, the Defendant suffered an injury, such as “influoral left salt on the left side,” which requires H’s face treatment for two weeks, on the ground that H is involved in the embezzlement of church funds at the Femb association located in Dongjak-gu Seoul Metropolitan Government E, with G as a matter of embezzlement of church funds.
B) The lower court determined that the Defendant was guilty of this part of the facts charged by comprehensively taking account of the evidence in its holding. C) The Defendant denied this part of the facts charged, and the evidence that conforms to or seem to conform to this part of the facts charged is H, I, G, and J’s statement.
First of all, H stated in the investigative agency that the Defendant’s wife K was able to be tightly tightly tightly cut, and that he was able to see and tweed with K. However, although the Defendant was able to go beyond tightly tightly tightly, H added to K and tweed with the lower court court’s court. However, even if the Defendant’s title was tightly cut and tweed with the Defendant (as of the trial record No. 80) and the Defendant was tightly pushed together, H and the Defendant was tightly pushed.
(No. 84-85 of the public trial record) Ha, the son of H, stated that the police investigation, the Defendant was faced with H’s face (No. 50, 165 of the investigation record). At the time of the prosecutor’s investigation, K was in excess of H by pushing H. At the time of the prosecutor’s investigation, and Ha was combined with K that occurred. However, this was reported by the Defendant as his hand.