상해등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,500,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (misunderstanding of facts) is that the Defendant is somewhat disfasible with the victim, but does not inflict any injury on the victim, and the injury inflicted on the victim was caused by a traffic accident that occurred around May 19, 2015, about four months prior to the instant case, and is irrelevant to the assault of the Defendant.
Nevertheless, the judgment of the court below which recognized the defendant's crime of injury is erroneous, which affected the conclusion of the judgment.
2. Determination
A. Prior to the judgment on the grounds for appeal by the defendant's authority, the prosecutor applied for changes in indictment with respect to the facts charged for the destruction at the trial of the party, and this court permitted this and thereby the judgment of the court below can no longer be maintained.
However, the argument of mistake about the part of the defendant's injury is still subject to the judgment of this court.
[Destruction] On September 8, 2015, around 01:10 on September 8, 2015, the Defendant: (a) damaged the victim’s door-to-door 206 front of the Seongbuk-gu Seoul apartment complex C apartment 206, where the Defendant was carrying the victim’s door-to-face flabed by cutting off the victim’s door-to-face flab, which was used by the victim as his hand, into the floor, and damaged the use of the said flab flab flab fel, which was attached to the flab flab flab 10,90 won.
B. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court, the determination of the assertion of mistake of facts can be recognized as having caused injury to the victim due to the Defendant’s act.
Therefore, this part of the defendant's and defense counsel's assertion is without merit.
(1) According to the description of the medical certificate of injury prepared by a doctor H and the images of the body images of the victim’s body, the victim’s light fluorial fluorial fluorial fluorial flu