상해등
All appeals filed by prosecutors and defendants are dismissed.
1. The summary of the grounds of appeal 1) The Prosecutor’s misunderstanding of the facts and misapprehension of the legal doctrine (not guilty part of the lower judgment) revealed that the Defendant, while fighting with the victim, inflicted an injury on the victim by booming the victim.
However, the lower court rendered a judgment of not guilty on this part of the facts charged by misunderstanding the facts.
(2) The punishment of the lower court that is unfair in sentencing (1.5 million won in penalty) is too unhued and unreasonable.
2) Defendant 1’s misunderstanding of the facts (guilty part of the lower judgment) did not lead to driving away the victim by putting down the hack pipe with a hacker pipe or with a hacker pipe.
However, the lower court convicted the Defendant of this part of the charges by misunderstanding the facts.
(2) An act written in the facts charged by the misapprehension of legal principles constitutes a legitimate defense under the Criminal Act committed in order to escape from a victim who exercises violence.
(3) The punishment of the lower court is too unreasonable.
2. The lower court found the Defendant not guilty of this part of the facts charged on the grounds of the prosecutor’s statement on the grounds of the same reasoning.
The lower court cited as follows: ① The victim does not want to be punished against the Defendant on the ground that on June 14, 2016, after the occurrence of the instant case, “the state of right fingers arising from being pushed down and pushed down” was “the state of spawned down on the right fingers.”
On June 22, 2016, when making a statement, the statement reversed the statement that “the person who was kick by hand at the cremation room in which he was feled by the person in question.” (2nd page of investigation records)
Examining the statement (111 pages of the trial record), it is difficult to recognize the fact that the defendant inflicted an injury on the victim only by the evidence submitted by the prosecutor.
Therefore, it is true.