상해등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 300,000 won.
The above fine shall not be paid by the defendant.
1. Although the defendant did not assault the victim or injure the victim as stated in the facts charged, the court below found the defendant guilty otherwise, which affected the conclusion of the judgment by misunderstanding the facts.
2. Determination
A. We examine the determination of the assertion of mistake of facts. The evidence duly adopted and examined by the court below and the following circumstances recognized by the court below: ① the victim was assaulted by the defendant as consistently stated in the facts charged from the investigation agency to the court of the court below, and the victim was inflicted an injury due to the assault; ② the victim was diagnosed by the Hah on May 23, 2012, about 10 days after being injured by the defendant on June 4, 2012, which was about 10 days after being injured by the defendant on May 23, 2012. However, according to the medical certificate, the victim of the "'s" was diagnosed by the victim after being pushed by the smuggling on May 23, 2012 as at the time of the diagnosis, and was sick by the back, shoulder, shoulder, sick, and tunt.
The response to the fact-finding by the Korean Medical Doctor F, which provided medical treatment to the victim at the H level at the time, was written as follows. The response to the fact-finding by the Korean Medical Doctor F, which provided medical treatment to the victim at the H level, was sent back to the victim on or before June 4, 2012 at the time of the first medical treatment, and the victim was sent back to the back, shoulder, and so on. The victim was asked as soon as possible by the victim. At the time of the medical treatment, there was a hole in the right jum of the victim.
In full view of the following facts: (a) the statement made by the victim at the time of the diagnosis, including being written in the statement of's weight, and the part of the victim's injury, are consistent with the facts charged; and (c) the Defendant filed a complaint against the Defendant on July 30, 2012 only when the Defendant filed a complaint against the victim on July 13, 2012; (b) there is no special circumstance to receive a false diagnosis for the purpose of undermining the mother of the Defendant at the time of the diagnosis on June 4, 2012.