상해등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The judgment of the court below which found the defendant guilty of the facts charged that the defendant injured the victim D even though there was no physical contact with the victim D by mistake of facts, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
B. In light of the various sentencing conditions in the instant case of unfair sentencing, the lower court’s sentence (2 million won of fine) against the Defendant is too unreasonable.
2. Determination
A. Prior to the judgment on the grounds of appeal by the Defendant’s ex officio, prior to the judgment on the grounds of appeal by authority, the Prosecutor applied for amendments to the indictment with the purport that “In this case, the Defendant inflicted an injury on the part of the second half of the upper half of the upper half of the body in need of treatment for about five weeks,” which is the last two of the facts charged against the Defendant, “The Defendant inflicted an injury on the victim, such as taking the victim’s right-hand hand from the right-hand hand, which requires treatment for about five weeks,” and the Defendant applied for amendments to the indictment with the purport that “The Defendant brought an injury, such as taking the victim’s right-hand hand from the right-hand hand of the days of treatment,”
However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the existence of the above reasons for ex officio reversal, and this will be examined below.
B. On September 14, 201, at around 21:00, the summary of the facts charged is as follows: (a) the Defendant: (b) within the complex between the three and five Dongs of the Bupyeong-gu Incheon Bupyeong-gu C apartment; (c) around September 21, 201, on the ground that the victim D (the age of 57) reported the banner posted by the Defendant and was an illegal banner; and (d) the victim, who caused the defect in the character of the Defendant, caused the Defendant’s loss to the Defendant; (b) thereby, the Defendant inflicted an injury, such as the victim’s blicking the victim’s right side of the treatment days. (c) The Defendant from the investigative agency to the trial.