폭행
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. The judgment of the court below which found the defendant guilty of the facts charged in this case, although the defendant did not contain the victim's chest, is erroneous in the misapprehension of facts which affected the conclusion of the judgment.
2. Before deciding on the grounds of ex officio appeal, the Prosecutor applied for changes in the indictment as stated in the following column of “criminal facts” at the trial court, and the subject of the judgment was changed by this court. Thus, the judgment of the court below cannot be maintained as it is.
3. In conclusion, the judgment of the court below is reversed on the ground that there is a ground for reversal ex officio as above, and the defendant's assertion of mistake is related to the existing facts charged, and the prosecutor accepted the defendant's assertion in the trial and applied for changes in indictment, and the court permitted it. Thus, the above argument by the defendant is not judged separately.
Pursuant to Article 364 (2) of the Criminal Procedure Act, the judgment of the court below shall be reversed, and the judgment shall be ruled as follows after pleading:
【Re-use Judgment】 The Defendant of the crime committed the crime committed on September 11, 2016, the victim D (65 years old) on the front side of the Busan Seo-gu Busan Metropolitan City shop: (a) on September 11, 2016; and (b) on the ground that the Defendant re-afronoedd “Pawn wn wn wn wn wn wn wn wn wn wn wn?”
“In doing so, assaulted the victim’s shoulder one time more.”
Summary of Evidence
1. The defendant's oral statement in court;
1. Part of the statement made to the defendant in the police interrogation protocol;
1. Statement made by the police against D;
1. 112 Application of the 112 Reporting List and the Act and subordinate statutes governing investigation reporting;
1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the reason for the order of provisional payment.