(영문) 서울동부지방법원 2014.12.11 2014노340

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(영문) 서울동부지방법원 2014.12.11 2014노340

상해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. It is unlawful to recognize that the defendant committed an assault, such as the defendant's ex officio without any changes in the indictment, on the part of the defendant, such as the defendant's scambling of the victim's scam and scambling of the victim's scam, and the defendant did not injure the victim.

In addition, the defendant was a legitimate act that occurred in the course of transferring the victim's timber to investigation agencies by putting a flagrant offender E in the crime of assault.

Therefore, the court below which found the defendant guilty has erred by misunderstanding of facts or misunderstanding of legal principles.

B. A prosecutor 1) According to the evidence submitted by the prosecutor of a mistake of facts (as to the acquittal part of the judgment of the court below on the grounds), the defendant committed an injury to the victim by making a balth of the victim's balth by making a balthing the balth and cutting the balth of the victim's balth, and by taking the balth of the victim's balth, and by making the balth of the victim's balth, the defendant was sufficiently aware of the fact that the victim balth of the balth of the victim's balth and pushed the victim's balth and pushed the victim's balth of the balth, and caused the victim to suffer an injury. Therefore, the court below

2. An ex officio determination prosecutor filed an application for amendment to a bill of amendment of the Criminal Act Article 260 (1) of the Criminal Act, "Assault" in the name of the crime committed in the trial of the case, and "an application for amendment to a bill of amendment to which the applicable provisions apply mutatis mutandis was added to each of the charges," and this court's permission was changed, and accordingly, the defendant's ground for appeal that "it is unlawful to find facts, such as facts recorded in the original trial without amendment to a bill of amendment, which is stated in the criminal facts," is no longer subject to determination,

참조조문

-형법 제260조 제1항

유사 판례

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