상해
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, although the defendant could sufficiently recognize the fact that the defendant inflicted an injury on the victim by assaulting as stated in the facts charged or assault itself, the court below acquitted the defendant in full. The court below erred by misapprehending the facts or by misapprehending the legal principles
2. Prior to the judgment of the prosecutor's assertion of ex officio, the prosecutor examined ex officio prior to the judgment of the prosecutor's assertion, and the prosecutor applied for changes in indictment to the name of the preliminary crime while maintaining the facts charged as to the injury which was found not guilty at the court of original trial as the primary facts charged, "Assault", "Article 260 (1) of the Criminal Act", and "Article 260 (1) of the Criminal Act" in the applicable provisions of this Act, and added
However, as examined below, the court below found the Defendant guilty of the injury, which is the primary charge, and found the Defendant guilty of assault, which is the ancillary charge, so the judgment of the court below was no longer maintained.
However, despite the above reasons for ex officio destruction, the prosecutor's assertion of mistake of facts concerning the primary facts charged is still subject to the judgment of this court, and this is examined.
3. Judgment on the prosecutor's assertion of mistake of facts
A. On June 7, 2017, the Defendant of the facts charged in the instant case (the facts charged around the political party’s trial) was flicking the victim D (the age of 85) flick at Croat located in Gangseo-gu Seoul Metropolitan Government on June 17, 2017, and she was flicking the victim’s flick, so as to prevent the victim from hiding the flicking, thereby enjoying the neck, and the victim was flicking the victim’s flick at the play place in the front of the first senior senior citizen’s center, thereby making it difficult to conceal the victim’s flicking by flicking the head by flicking the flick at the victim’s flick for about 13 days in the days of hospitalized treatment.