폭행
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. Summary of grounds for appeal;
A. The court below found the defendant guilty of the facts charged of this case, which affected the conclusion of the judgment due to erroneous determination of facts, although the defendant did not assault the victim as shown in the facts charged of this case, and the victim's statement and witness E's statement are not consistent and credibility is not consistent.
B. The court below erred by misapprehending the legal principles that found the Defendant guilty of the facts charged in this case, which affected the conclusion of the judgment by misapprehending the legal principles. ① The Defendant’s act of threatening the victim to defend the victim’s unauthorized intrusion constitutes self-defense. ② The victim explicitly expressed the police officer dispatched to the scene at the time of this case’s prosecution. The prosecution of this case is null and void in violation of the legal provisions.
2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.
From March 2017 to March 26, 2017, the prosecutor tried to separate the facts charged in the trial from the defendant and the victim B (the age of 48, the female) to the legal father and wife, and the defendant were living separately in Ctel D, which is the place of occurrence of this case, on the ground that commuting time has long taken place. On September 26, 2017, the defendant continued to enter and leave in order to confirm the female in the officetel with the defendant at the time of the time of the entry, first opened the door and leaving the door, and then prevented the victim from entering." In the process of preventing the victim from entering, the defendant and the victim B (the age of 48, the married couple, the married couple, or the defendant and the victim from March 2017 because they were not good.
The injured party shall be located in the front corridor of the entrance of the defendant's residence in Seo-gu Incheon Metropolitan City Ctel D between September 26, 2017, 21:00 to 22:00.