업무방해등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. A. Although the Defendant misunderstanding the fact that he/she was a dub, the victim’s injury does not result from the Defendant’s act.
B. The unfair sentencing of the lower court (an amount of KRW 3 million) is too unreasonable.
2. According to the records of ex officio determination, the part of the facts charged in this case that the Defendant was indicted for assault and bodily injury to the victim, which was suitable for the victim as a cafeteria, was charged as a crime of causing bodily injury to the victim, the lower court convicted him/her by applying the crime of bodily injury to the above part without any changes in the indictment. In so doing, the lower court erred by misapprehending the principle of
However, even if there are such reasons for reversal of authority as above, the defendant's assertion of mistake is still subject to the judgment of this court.
3. Judgment on the assertion of mistake as to the injury caused by assault
A. The summary of the facts charged is that the Defendant, from around 20:00 on May 8, 2015 to around 20:30 on the same day, talked about the “E” restaurant operated by the victim D (n, 52 years old) located in the south-gu Seoul Metropolitan City (hereinafter “E”), and that the Defendant, while talking about as a matter of compensation for the damage of the heart signboard in front of the restaurant, the Defendant suffered the victim from a shoulder, a shoulder that requires treatment for about 21 days in line with the table, and the Defendant, as long as it was evident that the instant crime was charged as an assault and injury, to the extent that it does not interfere with the Defendant’s defense right, the charges were corrected as above.
B. The lower court determined that the victim’s statement that corresponds to this part of the facts charged is reliable.
Based on the records and the evidence of the judgment, this part of the facts charged was found guilty.
(c)
(1) However, the lower court’s determination is not acceptable for the following reasons.
2) The lower court duly adopted.