폭행치상
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. Although the summary of the grounds for appeal did not cause injury to the victim F, the court below found the defendant guilty of the facts charged in this case, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.
2. Determination
A. In full view of the following circumstances revealed by the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion, the lower court fully recognizes the fact that the Defendant inflicted bodily injury upon the victim as stated in the lower judgment.
① At the time of the instant case from the investigative agency to the court of the court below, the victim made a relatively concrete and consistent statement as to the fact that the Defendant was saved and saved, and that he was saved by the Defendant, and that he was saved, and there is no circumstance to suspect the credibility of the statement.
② At the lower court’s trial, G and H testified the Defendant’s title E, but the victim was h’s son, and made a statement that substantially coincides with the victim’s statement by making it difficult for the Defendant to have the victim h’s son.
(3) An active attack against a victim can be said to be an attack against the victim, and it cannot be said that a defense is to protect himself/herself, even though there are somewhat different statements about the location of the victim at the time of the instant case.
(4) It may be easily predicted that the victim may suffer an injury if the victim, who had been in a state of secret guard, is pushed ahead of it.
(In practice, the victim was in line with the defendant in order to keep the clothes of the defendant from being sealed by the defendant. (5) At the time of the victim's injury injury and the time of the case.