폭행
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 500,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal found the Defendant guilty on the ground that the lower court did not err by misapprehending the facts, although the Defendant did not assault the victim as stated in the facts charged of this case.
2. Determination
A. According to the records of this case’s judgment ex officio, the Defendant was sentenced to three years of imprisonment for fraud, etc. at the Jung-gu District Court on November 8, 2012, and the above judgment became final and conclusive on November 16, 201 of the same year. As such, the crime for which judgment became final and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the crime of this case is determined after examining whether to reduce or exempt punishment in consideration of equity with the case where judgment is rendered simultaneously in accordance with Article 39(1) of the Criminal Act. Thus, the lower judgment
However, the defendant's assertion of mistake is still subject to the judgment of this court, and this is examined.
B. According to the evidence duly admitted and investigated by the court below regarding the assertion of mistake of facts, since it is sufficiently recognized that the defendant committed the crime of assault, such as the entries in the facts charged in this case, the court below's judgment of conviction is just and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts as alleged by the defendant.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment below is again decided as follows.
[C] The summary of the criminal facts and evidence of the defendant recognized by the court in light of the summary of the criminal facts and evidence is to be added to the first head of the judgment of the court below, with the exception of adding "the defendant shall be punished by imprisonment with prison labor for a period of three years at the Jung-gu District Court on November 8, 2012, and the above judgment shall become final and conclusive on November 16 of the same year, and the summary of the evidence" 1.