beta
(영문) 대구지방법원 2016.06.16 2015노1201

상해등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 200,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the facts) is as follows: although the court below acquitted the defendant of the injury among the facts charged in the instant case, it is recognized that the defendant inflicted bodily injury on the victim; therefore, the court below erred by mistake of facts

2. On April 14, 2014, the judgment of the court below held that the Defendant, in the name of the crime against the Defendant, “an injury” was “brupted,” and the Defendant’s charges against the Defendant, “The Defendant, in the charge of the Defendant, prevented the Defendant from attaching another leaflet in front of the fluence in Gumi-si Gum on April 14, 2014,” carried out fighting with the victim’s body, such as the flabing of the flab, sating the flab of the victim, sating the flab of the victim, sating the victim’s hand, blading the victim’s hand, and sating the victim’s hand, thereby causing approximately two weeks of medical treatment.

“Around April 14, 2014, the Defendant 19:56, on the part of the Defendant, committed assault against the victim, on the part of the Defendant, who was frightened from the above victim who had been frightened to frighten the flaps, and was frightened to flap the victim’s hand, and flad the victim’s hand, and flad the victim’s hand.

As stated above, Article 257 (1) of the Criminal Code was amended to "Article 257 (1) of the Criminal Code" in the applicable legal provisions to "Article 260 (1) of the Criminal Code," and this Court has granted permission, so the subject of the judgment was changed.

In addition, the revised facts charged should be sentenced to a single sentence in relation to the remaining facts charged against the defendant and concurrent crimes under the former part of Article 37 of the Criminal Act, so the judgment of the court below cannot be maintained any more.

3. Thus, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's assertion of misunderstanding the facts, and the judgment below is reversed and it is again decided as follows through pleading.

Criminal facts

1. The Defendant, on January 2014,