상해
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. Although the defendant's appearance in the process of blocking the victim who seeks to assault by drinking and saluting the summary of the grounds for appeal is in contact with the part of the victim, the defendant does not injure the victim's face by hand, such as the facts charged.
Nevertheless, the court below found the Defendant guilty of the facts charged of this case, and erred by misapprehending the facts.
2. Determination
A. On May 7, 2018, the Defendant: (a) around 07:00 on May 7, 2018, the charge of the instant case: (b) around 07:00, the Defendant inflicted injury on the victim D (the 51 years of age) and the Defendant, who was arguinging with Si expenses, caused the victim’s face one time by hand; and (c) caused the victim’s body to undergo approximately three-day medical treatment on the part of the next victim.
B. In full view of the following circumstances, the lower court determined that the Defendant could recognize the fact that the Defendant inflicted an injury by causing the injury to the victim during the process of disputing with the victim.
In other words, the victim makes a consistent statement from the investigative agency to the court of law that he brought a part to the defendant's hand in the process of disputing the defendant, and from the court of the court of the court below, the front left after the defendant's entrance was ske and ging.
In the case of injury written after 3 days from the date of the occurrence of this case, the fact that the victim suffered the injury of the victim's escape (the victim's loss seems to have been hard to suffer the injury even if it is relatively minor shock due to the victim's loss).
당심의 판단 1) 우선 피고인이 시비과정에서 발로 피해자의 몸을 1회 찼다는 공소사실의 경우 피고인 스스로도 접촉 사실은 자인하고 있고, 피해자의 진술과도 일치하므로, 유죄로 인정된다. 2) 다음으로 피고인이 손으로 피해자의 입 주변을 때려 치아 아탈구 상해를 가하였다는...