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. Scope of the judgment of this court;
A. The lower court convicted the Defendant of the facts charged that the Defendant inflicted bodily injury on the victim, and appealed on the ground of mistake of facts.
B. In the trial before remanding, the prosecutor applied for the amendment of the indictment with the content that the facts charged of the previous injury are added to the facts charged of the assault, while maintaining the facts charged as the primary charges of the assault, and the trial prior to the remand was permitted.
The judgment of the court prior to the remand reversed the judgment of the court below and acquitted the defendant as to all the primary charges and ancillary charges.
C. The Prosecutor appealed only to the entire judgment of the court prior to remand. The Prosecutor did not state the grounds for objection to the petition of appeal or the appellate brief concerning the injury, which is the primary charge, and only stated the violation of the rules of evidence and the misapprehension of the legal principle as grounds for objection to the assault, which is the ancillary charge.
The Supreme Court reversed all the parts of the judgment of the court below concerning the conjunctive facts charged and all the primary facts charged in relation thereto and remanded the case to the court of first instance on the ground that the court below erred by misapprehending the legal principles as to the crime of assault and the lawful act, thereby affecting the conclusion of the judgment, although it is difficult to see that the exercise of force by the defendant was an unlawful attack against the human body and constitutes an assault, which constitutes a legitimate act.
E. Thus, the part of innocence of the primary facts charged is already out of the target of the party's attack and defense, and thus, it cannot be judged by the court of final appeal as to the acquittal of the primary facts charged. Therefore, it is before the appellate court remands the part of innocence of the primary facts charged.