상해등
The judgment of the court below is reversed.
The punishment against the accused shall be determined by six months of imprisonment and a fine of 300,000 won.
Defendant.
1. Summary of grounds for appeal;
A. The lower court’s punishment (fine 1,500,000) is too unreasonable.
B. According to the evidence related to the mistake of facts and misapprehension of legal principles, the court below's judgment not guilty is erroneous in misunderstanding of facts and misapprehension of legal principles, even though the victim suffered bodily injury due to the victim's assault and damaged the wind, and the defendant was found not guilty. 2) The sentence of the court below on unreasonable sentencing (fine 1,500,000) is too unfeasible and unfair.
2. Judgment on the prosecutor's assertion of mistake of facts
A. The facts charged in the instant case are as follows: (a) and (b) the part concerning the damage of wind wind under Article 1-1 of the Criminal Act.
B. In light of the following circumstances acknowledged by the record of the court below, i.e., (i) it is difficult to believe that the victim’s written statement does not coincide with the time of damage and the damaged goods, and (ii) it is insufficient to recognize that on-site photographs alone do not cause the victim’s bodily injury or damage to the wind, due to the Defendant’s act. (iii) Rather, witness F stated in the investigative agency and this court that the Defendant consistently destroyed the gas list to the effect that the Defendant was moving out of the Defendant, and there is no circumstance to suspect the credibility of the statement, the fact that the victim’s bodily injury and the damage of property to the wind constitutes a case where there is no proof of each crime.
C. Comprehensively taking account of each evidence duly adopted and examined at the court below and the court below and each of the circumstances inferred therefrom, the defendant can recognize the fact that the defendant assaulted the victim D, as stated in the facts charged, thereby causing injury to the victim, and damaged the wind of the vessel owned by the victim. The victim D, in the court of the first instance, "the defendant" d d d d d d d d d d d d d d d d d d d d d d d d d d