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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The summary of the grounds for appeal (the factual error) is only a fact that the Defendant gets the shoulder of the victim interfering with the meeting at the time of the instant case, and produced the victim out of the conference room, and did not inflict any injury on the victim by cutting off or pushing ahead the victim's chest, as shown in the facts charged in the instant case.
2. Before determining the grounds for appeal by the prosecutor ex officio, the prosecutor applied for changes in the indictment as stated in the previous facts charged as stated in the “amended facts charged” in the judgment of the court below. Since this court permitted this, the judgment below cannot be maintained any longer.
However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, even though there is such a ground for ex officio reversal.
The revised defendant is the chairperson of the Dong representative of the D apartment complex 1, and the victim E (V, 58) is the four representative of the same apartment complex.
At around 18:00 on January 11, 2012, the Defendant held a representative meeting with the contents of the above apartment entrance construction and spon construction at the second floor of the Bupyeong-gu Incheon Metropolitan Office of Management of the Complex 1 Complex, the Defendant, on the ground that the victim had obstructed the meeting, i.e., “the expenses for construction have already been paid for the expenses for construction, i.e., whether the expenses have already been paid for the construction, and whether the expenses have been paid in good faith, i.e., the expense has been made up to the conference room, and let the victim go up to the floor, and had the victim go against the parts of the victim’s chest, such as the entrance door, etc.
As a result, the Defendant inflicted injury on the victim, such as the right joints and chests, the right joints, and the right joints of No. 4 which require treatment for about four weeks.
3. Determination
A. The prosecutor bears the burden of proving the facts charged in a criminal trial.