상해
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The summary of the grounds for appeal is that C faces with a satisfe by pushing himself, and the Defendant’s grandchildren in the process of committing an attack, such as batfeing the bat and cutting the satfe and cutting the satfe, and preventing the attack, and thus, the Defendant did not have any intention to injure C’s face.
2. Determination
A. On April 28, 2018, the Defendant: (a) around 19:25 on April 28, 2018, at the front house of Pyeongtaek-si apartment Ba-si (hereinafter “the 66-year-old apartment”); and (b) took care of the victim’s face by hand, the Defendant injured the victim of the closed pelpelel which requires approximately three weeks of treatment.
B. The lower court convicted the Defendant on the ground of C’s statement and written diagnosis of injury.
C. The following circumstances acknowledged by the records of the trial of the political party reveal that (i) the Defendant had consistently brought about the front, etc. of the first apartment door through several times from the police investigation process to the trial of the party; (ii) the Defendant was faced with C and C due to the following problems; (iii) Company C was faced with the Defendant’s neck with the toilet wall by continuously pushing the Defendant with two descendants; (iv) Company C was faced with the head; and (v) the Defendant’s hand was boomed with the Defendant’s face in the process of using the two hand, and the Defendant was unable to conceal the Defendant’s neck, and the Defendant was faced with C’s face. The above statement was made to the extent that the CCTV screen (record evidence 66, 105 pages) was used at the time of checking the Defendant’s neck by hand; and (v) the Defendant was able to have suffered damage to C’s face at the time of using the CCTV screen (record evidence 6, 105 pages).