상해등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 1.5 million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal does not contain any fact that the Defendant was faced with a Handphone of the victim E, and there is no fact that the Defendant inflicted any injury in need of two weeks of treatment by committing the victim E or in excess of the victim E or F.
Nevertheless, the judgment of the court below which found the defendant guilty of damage to property and injury is erroneous in misconception of facts that affected the judgment.
2. Determination
A. As to the damage of property, around 22:30 on December 30, 2013, the Defendant: (a) reported the victim E to the Jung-gu Busan Metropolitan Government Office that he had operated the above victim’s street store; (b) caused the victim E to put the victim’s “the copy of the register of the owner of the building and the removal of the copy of the victim’s cell phone”; and (c) the victim E, who tried to make a report by taking the victim’s cell phone out of the cell phone, destroyed it by leaving the victim’s cell phone at approximately KRW 40,000 at the market price owned by the victim E and destroying it; (b) caused the victim’s damage to the cell phone at the time of the investigation into the lower court and the evidence, namely, ① the victim’s first fighting with the victim’s cell phone at the time of the victim’s fighting and the Defendant’s first fighting with his cell phone at the time of the victim’s fighting.”