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(영문) 의정부지방법원 2014.09.26 2014노334

상해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal did not err by mistake of facts against the Defendant, even though the Defendant did not assault and inflict an injury on the victim as stated in the facts charged of this case.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor, prior to the judgment on the grounds for appeal by the court below, maintains the facts charged on the previous injury as the primary facts charged, and applies for changes in indictment to the name of the crime, add the following contents to the applicable provisions of the Criminal Act, and the court applied for changes in indictment to the effect that the following is added to the facts charged. As such, the judgment of the court below is no longer maintained.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for ex officio reversal.

[Preliminary Facts] The Defendant had a dispute with the victim as a matter of passing the road in the private land of the ordinary victim C.

At around 20:20 on June 24, 2012, the Defendant assaulted the Defendant’s entrance alcohol and the bridge by drinking and drinking with the Defendant for the foregoing reasons on the street located in Yangju-si, which occurred between the Defendant and the Defendant. On the contrary, while fighting each other, the Defendant used the victim’s chest, etc. to put the victim’s chest, etc. on the part of the Defendant, and assaulted the victim’s breast, etc. at the expense of drinking.

3. According to the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, the Defendant was found to have inflicted an injury on the victim as stated in the instant facts charged.

(1) The defendant shall catch the knife of the victim who is on board the ship of the victim and restrain the victim from strekeing him/her.