폭력행위등처벌에관한법률위반(공동상해)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal does not contain any fact that the Defendant, as stated in paragraph (2) of the facts charged in the instant case (violation of the Punishment of Violences, etc. due to Joint Bodily Injury Act) had taken several times to the victim F face or taken over the victim beyond the face, the lower court found the Defendant guilty of this part of the facts charged on a different premise, thereby adversely affecting the conclusion of the judgment.
2. Determination on the grounds for appeal
A. On November 23, 2018, the summary of this part of the facts charged is as follows: (a) the Defendant, along with the Defendant: (b) on November 23, 2018, 200:09, at the “EM store” located in Daejeon-gu Daejeon-gu, Daejeon-gu, the Defendant Da was playing together with a female at the victim F (22 years of age) and was rejected, and the victim was demanded to go out of the above restaurant while the victim was going to go out of the above restaurant; (c) the victim was going to go out of the above restaurant; (d) the location was moved to the front of the Korean Park, located in the middle-gu, Daejeon-gu, Daejeon-ro 130,00 in the same day; (e) B had the victim’s face one time with his head; and (e) the Defendant went beyond the victim’s face with drinking, and (e) the victim and the Defendant went out beyond the victim’s entrance and went out the victim’s 3 week and the victim’s mind and body, and mind.
B. The Defendant alleged that this part of the facts charged is not guilty, as in the grounds of appeal for mistake of facts, in the lower court’s judgment, and the lower court stated that the victim made a statement consistent with this part of the facts charged specifically and consistently from the investigative agency to the court of the lower court, and that the victim’s one-day G at the present site also stated in the lower court’s trial that “two persons were from both victims who are reporting on the increase in the floor level to the floor.” In full view of the above, when the Defendant drinking the victim.