폭행치상
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The defense counsel's argument that was submitted after the deadline for submitting the defendant's appeal is examined to the extent that it supplements legitimate grounds for appeal.
1) misunderstanding of facts and misapprehension of legal principles, the Defendant entered into a contract with the victim and entrusted him with the development and supply of the product of the device called “L”. While the victim experienced a big difficulty in the winding the victim’s contact with the victim without properly implementing the contract, the victim consulted with the victim’s office on the day of the instant case.
In that sense, during the consultation process, the injured party unilaterally ceased his conversation and tried to leave his office, and the accused, upon the completion of the consultation with the injured party, putting his clothes retail at the victim's meeting, but there is no fact that he had his arms like the facts charged.
In addition, even though the defendant's act of taking the clothes retail of the victim constitutes assault under the Criminal Act, considering the circumstances of the above case, the above act of the defendant is not illegal as a legitimate act with social reasonableness.
Nevertheless, the court below erred by misunderstanding the facts or misunderstanding the legal principles as to legitimate acts, which affected the conclusion of the judgment.
2) The sentence sentenced by the lower court to the Defendant (the penalty amounting to KRW 300,00) is too unreasonable.
B. The prosecutor 1) According to the evidence submitted by the prosecutor, the defendant could sufficiently recognize the fact that the victim suffered injury as stated in the facts charged by assaulting the victim by misunderstanding the victim's arms, etc., but the court below acknowledged only the part of the facts charged in this case where the defendant assaulted the victim, and found the defendant not guilty of the part where the victim suffered injury.
Therefore, the judgment of the court below is affected by mistake of facts.