폭행치상
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 300,000 won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is that the defendant raised a disturbance through the serious dispute with G, which is an employee, by the victim D, who is string in the taxi company run by the defendant, who is an employee, and therefore, the president attached the victim's format in order to speak the victim without choice as the president, and assault and embling the victim's arms as stated in the facts of the crime in the judgment below, and thereby, did not incur injury to the victim, the court below convicted the defendant by misunderstanding the facts, misunderstanding the facts, and misunderstanding the legal principles as to the legitimate act, thereby convicting the defendant.
2. Determination
A. According to the records, prior to the judgment on the grounds for appeal by the defendant's ex officio, the defendant's defense counsel is found to have made a statement to the effect that "the victim's finding and avoiding disturbance in the taxi company constitutes a justifiable act" on the seventh trial of the court below, and such assertion constitutes "a statement of fact that is justified in rejecting the establishment of a crime under law" as provided by Article 323 (2) of the Criminal Procedure Act, and the court below should specify the reasons for the judgment of conviction, but the court below erred in the omission of the judgment, and therefore, the judgment of the court below cannot be maintained any further in this regard.
However, despite the existence of the above reasons for ex officio destruction, the defendant's assertion of misunderstanding of facts or misapprehension of legal principles is still subject to the judgment of this court, and this is examined.
B. The Defendant also asserted the same purport as the allegation of mistake of facts or misapprehension of legal principles, and the lower court, while explaining the detailed reasons in the item “reasons for the determination of a crime”, recognized the credibility of the statement directly related to the instant facts charged by the witness D at the court of the lower court, and recognized the credibility of the statement directly related to the instant facts charged.