상해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The court below convicted the defendant by misunderstanding the facts, even though the victim was only the victim himself/herself, and the defendant was not the victim's chest.
2. Determination
A. According to the records of this case’s judgment ex officio, the Defendant was sentenced to a suspended sentence of three years for a period of six months by imprisonment with prison labor for fraud at the District Court on July 24, 2014, and the same year.
8.1. It can be recognized that the above judgment became final and conclusive. As such, since the crime for which judgment became final and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, a punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity with the case to be adjudicated at the same time pursuant to Article 39(1) of the Criminal Act, the judgment of the court below cannot be maintained
However, the defendant's assertion of mistake is still subject to the judgment of this court, and this is examined.
B. According to the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, since it is sufficiently recognized that the defendant inflicted injury on the victim by damaging the victim as stated in the facts charged in this case, the court below's conviction of the above facts charged is just and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts as alleged by the defendant.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment below is again decided as follows.
[Discied Judgment] Summary of facts constituting a crime and evidence of the defendant recognized by the court, and summary of evidence of the facts constituting a crime of the court below, the first head of the crime of the court below is "the defendant shall be sentenced to a suspended sentence of three years for six months for a period of imprisonment for fraud at the Jung-gu District Court on July 24, 2014;
8.1. A person for whom the above judgment has become final and conclusive.
"....."