폭행
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. The summary of the grounds for appeal is that the defendant did not live in the victim’s length.
2. Determination on the grounds for appeal
A. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence in its judgment.
B. In full view of the following circumstances acknowledged by evidence duly adopted and examined by the court below and the court below's judgment, namely, ① the defendant stated in the police that he had the character of the victim and carried the shoulder, ② the defendant stated in the court of the court below that "the victim had flabdddd with flab, as he had first taken flab, because flab," ② the defendant's use of force against the victim as stated in the facts charged, can be recognized, and thus, the judgment of the court below is just, and the defendant's assertion of mistake of facts is not accepted.
3. Ex officio determination
A. The appellate court may ex officio decide on the grounds that affect the judgment, even where the grounds for appeal are not included in the grounds for appeal (Article 364(2) of the Criminal Procedure Act). If the defendant appealed only on the grounds of mistake of facts, the appellate court may ex officio reverse the judgment of the first instance on the grounds of unfair sentencing and determine a minor sentence than
(See Supreme Court Decision 90Do1021 delivered on September 11, 1990). B.
He returned to the instant case and ex officio, the Defendant had to exercise tangible power in the process of resisting the victim who demanded cost of KRW 1.20,000 for the preparation of the contract without any legal cause, and there are some extenuating circumstances in regard to the circumstances leading up to the instant crime; the victim also appears to exercise tangible power; the degree of tangible power exercised by the Defendant is minor; the degree of tangible power exercised by the Defendant is minor; the Defendant has no history of criminal punishment; and the Defendant’s age, speculative environment, and other crimes.