Text
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 12 million won.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. The Defendant did not have inflicted injury on the victim as stated in the facts charged, such as misunderstanding of facts or misunderstanding of legal principles, and instead, the Defendant sustained injury in the process of avoiding the victim’s interest and harming it.
The defendant stated facts on the Internet, etc. in accordance with these facts, and filed a complaint against the victim. The defendant did not constitute a false fact that does not go beyond a simple exaggeration, and there was no awareness that the defendant was false, and there was no objective of public performance or slander.
Nevertheless, there is an error of misunderstanding of facts or misunderstanding of legal principles in the original judgment which found guilty of each of the facts charged.
B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.
2. Judgment on misconception of facts or misapprehension of legal principles
A. To examine closely the facts of injury by the court below and the evidence of the trial court, it can be sufficiently recognized that the defendant inflicted an injury by taking advantage of the victim as stated in the facts charged.
This is more so in light of the following circumstances admitted by the evidence.
① In full view of the victim’s statement consistent and the result of inquiry into the victim’s photograph, injury diagnosis letter, and fact-finding, it is clear that the victim suffered injury on the day of the instant case.
(2) A witness P,O, and H who have observed a situation at the time make a statement that the defendant unilaterally made the victim at the same time, and the fact that the defendant has taken the shoulder of the victim by selling his/her elbow is also consistent with other evidence, such as the victim's photograph.
③ Witness W, AA, and AI stated the contents inconsistent with the facts charged.
However, the above witnesses did not witness the scene of the assault from the beginning or at the nearest distance, or make a sworn statement, and on the date of the case.