상해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 300,000 won.
The above fine shall not be paid by the defendant.
1. According to the statement of the summary of the grounds for appeal in C's investigative agency, D's testimony and investigation agency's statement, even though the defendant was found to have inflicted an injury on C as stated in the judgment of the court below, the court below found the defendant not guilty on the grounds that there is a lack of evidence to acknowledge that C had suffered an injury upon C while intending to obtain the defendant, and that the defendant had inflicted an injury on C by hand, and that he had sustained an injury upon C, the court below erred by misapprehending the facts and adversely affecting the conclusion
2. Before the judgment on the grounds of appeal by the prosecutor ex officio, the prosecutor applied for changes in indictment with the content that the part against the defendant among the facts charged in the instant case changed from “injury” to “injury,” and this court permitted the change, and thus, the judgment of the court below is no longer maintained.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the grounds for appeal by the prosecutor, on the ground that the above grounds for reversal are ex officio, and the judgment below is reversed, and the following is
Criminal facts
On October 25, 2012, around 04:30 on October 25, 2012, the Defendant assaulted the Defendant, by hand, by using flaps, against C (31 years of age) in front of the store of Adodididi vehicle located in the Namcheon-dong, Busan.
Summary of Evidence
1. The original judgment of the witness C and the legal statement of the party trial;
1. The original legal statement of witness D in the court below
1. Application of the police interrogation protocol of C and D to each police interrogation protocol
1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The defendant and his defense counsel unilaterally assaulted by C on the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order.