폭행치상
All of the appeals by prosecutors are dismissed.
1. Summary of grounds for appeal;
A. The Defendant and E found Defendant B as being sealed with the above machine in order to occupy a sleep machine. This was the Defendant’s use of slick machine, and thus, the Defendant’s use of slick machine was eventually acknowledged as the Defendant’s use of slick machine, but the Defendant’s injury was ultimately acknowledged as the Defendant’s use of slick machine, the lower court acquitted the Defendant of the facts charged in this case.
B. Defendant A’s mistake of fact 1) The Defendant intentionally sealed the victim B, etc. on the right side of the victim B, and caused the victim B to face with the door.
In light of the fact that slurry and slurged with slurging machinery, the court below found the Defendant guilty of the crime of assault included in the facts charged of this case, and acquitted the Defendant on the injury of assault, even though it is highly probable that the Defendant would have inflicted assault on B by assaulting B, and thereby, found the Defendant guilty.
2) The sentence sentenced by the lower court to the Defendant (an amount of KRW 700,000) is too uneased and unfair.
2. Judgment on the assertion of mistake of facts as to Defendant B
A. The lower court determined as follows, and determined that this part of the facts charged constitutes a case where there is no proof of crime, and thus, acquitted.
In view of the video of CCTV CDs, the Defendant intending to use the slot machine from the side of this case, and the Defendant’s body was cut off to E by putting the Defendant and machinery from the side of this case, and putting the Defendant’s body from the back of this case with the type of the Defendant, etc., the Defendant’s body was cut off to E by leaving the door outside of the door, and the machinery was cut off to a balance before the door, and the machinery was cut down.
E can be seen as a form that goes beyond the machinery.
Examining the above video, there was a physical contact between the Defendant and E when the Defendant intending to go out of the machinery, but the cause thereof is the Defendant.