특수폭행
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. Although the Defendant’s misunderstanding of facts or misunderstanding of legal principles did not constitute “hazardous goods” in light of the size and weight of the fact at the time of the instant case, the lower court found the Defendant guilty of the instant facts charged by misunderstanding of facts or misunderstanding of legal principles.
B. The sentence of unfair sentencing (one year of imprisonment with labor for six months and one year of suspended execution) of the lower court is too unreasonable.
2. Determination
A. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor examined the case in question, and the prosecutor applied for changes in the contents of Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act as “special assault” and “Article 2(1)1 of the Punishment of Violences, etc. Act” as “Article 261 of the Criminal Act.” Since this court permitted this and changed the subject of the judgment, the judgment of the court below was no longer maintained.
However, the defendant's assertion of misunderstanding of facts or misunderstanding of legal principles is still subject to the judgment of this court, despite the above reasons for ex officio reversal.
B. According to the evidence duly adopted and examined in the lower court’s judgment on the Defendant’s assertion of mistake of facts or misapprehension of legal principles, the Defendant was found to have committed a crime of special assault on the ground that 4-5cm wide and 1 cm long and 1 cm long, and that she was faced with the police officer’s name, who was subsequent to the above persons concerned. When she was faced with the ground, she was faced with the police officer’s name. If she was faced with the above her stones, she constitutes a “hazardous object” of special assault in light of social norms, and thus, she can be found guilty of the facts charged in the instant case.