상해
The part of the judgment of the first instance, excluding the rejection of an application for compensation, shall be reversed.
Defendant 1,500,000 won.
1. Summary of grounds for appeal;
A. The Defendant does not have committed an injury to the victim by committing an injury to the victim, such as a misunderstanding of facts.
B. The first instance court’s punishment of unreasonable sentencing (three million won of fine) is too unreasonable.
2. Determination
A. On March 9, 2014, at around 02:00, the Defendant: (a) went to the front seat of the Defendant on the ground that the Defendant was seated in Incheon Airport; (b) on the ground that the Defendant left the front seat of the Defendant, and (c) took a warning from the victim that “the Defendant was seated below the age of the Defendant’s seat”; (d) 3:4 times the victim’s head head was 3:4 times by hand; and (e) the Defendant sustained the victim’s head’s hand, such as the victim’s hand from the place of the accident, lost the center of the victim; and (e) the victim was faced with the opposite seat, thereby causing the victim to suffer from an injury to the body of the victim, which requires approximately four weeks medical treatment.
B. The first instance court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence as indicated in the judgment.
C. Comprehensively taking account of the evidence duly adopted and examined by the first instance court, the fact that the defendant was injured by the victim's head 3 to 4 times by hand, the victim's et al., and the victim's et al. that occurred on the job, and thereby, the victim lost his center and was faced with the seat of the opposite seat, and the victim was severely injured by the fall.
The defendant's act of threatening the victim, etc. constitutes violence, which caused the result of the above injury, and it is judged that there was a possibility of predicting the result.
However, the evidence presented by the prosecutor alone is difficult to recognize that the defendant committed the above assault with the intention of assaulting, such as recognizing the result of the above bodily injury and allowing it.
Therefore, the facts charged of this case are without proof of crime.