상해등
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
Of the facts charged of this case, defamation.
1. Summary of grounds for appeal;
A. On the part of the injury, the Defendant was able to commit a bodily injury or sexual indecent act by breaking a cafeteria glass, or by breaking a cafeteria or causing any injury to the injured party, and rather, harming the Defendant’s chest twice.
B. As to defamation, the Defendant thought that the victimized person was sexually indecent act against the Defendant’s chest, and did not make any false fact as to the police officer’s remarks, but did not intend to commit defamation against the Defendant.
(c)
The punishment of the lower court (2 million won) is too unreasonable.
2. Determination
A. In full view of the evidence of this case, i.e., the victim’s statement to the effect that the defendant was released from the entrance, and that the victim was able to enter the entrance, and that the victim was issued the medical certificate at the hospital on the same day as the left left side and the front side of the entrance, if the defendant was boomed with the victim’s hand by keeping the entrance at the entrance in the restaurant, the facts charged of the injury are acknowledged.
This part of the defendant's assertion is not accepted.
B. The Defendant of defamation is to report the entrance door as an indecent act against the victim’s sexual intercourse.
At the same time, the fact that 112 was immediately reported, that there was a possibility of physical contact between the Defendant and the Defendant who wishes to enter the Defendant outside of the door, and the victim was also the Defendant’s her son and her son was not intentional, but could her son in a narrow space.
When the police is called, the victim was on the second floor, and the defendant was on the first floor outside of the building, and the defendant was said to be the victim's statement that "the victim was sexually indecent act by the author" while explaining the case to the police officer, and the perpetrator of the reported case was the victim's statement.