상해등
All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall be imposed on the defendant.
1. Summary of grounds for appeal;
A. In relation to the crime of injury found guilty by the second instance court of mistake of facts, the defendant was unilaterally assaulted by the victim and did not assault the victim.
B. The punishment (the first instance court: the fine of KRW 3 million, the second instance court: the fine of KRW 500,000, the fine of KRW 500,000) of each court below on the defendant is too unreasonable.
2. The case of this court 2013No4144, which is the appeal case against the judgment of the court of first instance, was consolidated in the oral proceedings of the court of first instance, prior to the judgment on the grounds for appeal by the defendant's ex officio, and the case of this court 2014No659, which is the appeal case against the judgment of the court of second instance. Each of the offenses committed by the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, and all of the offenses committed by the judgment of the court below are subject to a single sentence within the scope that aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act.
3. The judgment of the court below on the assertion of mistake of fact should be examined since the defendant's assertion of mistake of fact is still subject to the judgment of the court.
Comprehensively taking account of the evidence duly adopted and examined by the second instance court, it can be fully recognized that the Defendant’s face and elbows were flickly flickly flicked to the victim by breaking the victim’s horse or dispute with the victim as stated in the second instance court’s holding. Thus, this part of the Defendant’s assertion is without merit.
4. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining all the judgment of the court below on the defendant's allegation of unfair sentencing, on the ground of the above reasons for reversal of authority, and it is again decided as follows
Criminal facts
Criminal facts and the summary of evidence recognized by the court.