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The judgment below
The part against the defendant shall be reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The defendant above.
Reasons
1. Summary of grounds for appeal;
A. According to the statement of misunderstanding E and the written diagnosis of injury, etc., the defendant can be found to have inflicted an injury on the victim, such as cage cage cages and tensions, which require approximately two weeks of medical treatment as stated in the facts charged.
Nevertheless, the judgment of the court below which acquitted the defendant of the facts charged of the injury, and dismissed the prosecution of the assault, is erroneous in the misapprehension of facts, which affected the judgment.
B. In light of the legal principles, it is difficult to recognize the fact that the defendant inflicted an injury on the victim, and even if it is recognized that the victim used assault against the victim, the victim expressed his/her intent not to be punished against the defendant on November 2, 2017, which was after the institution of the prosecution in this case, and thus, the prosecution against the part of the crime should be dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act. However, the court below dismissed the prosecution against the above part pursuant to Article 327 subparagraph 2 of the Criminal Procedure Act by deeming that the procedure for instituting an indictment constitutes invalid in violation of the provisions of law. In so doing
2. Prior to the judgment on the grounds of ex officio appeal, a public prosecutor applied for changes in the indictment to the part of the 2nd sentence of the facts charged in the judgment of the court below as follows: “The part of the 2nd sentence of the 2nd sentence of the facts charged is to be flickly flickly flicked with the victim’s face; the victim’s face is to be flickly flicked with the victim’s face; and the part of the 3nd sentence of the 4th sentence to “(flick flick flick flick flick flick fl, etc.) flick flick flick flick flick flick fl.” The part of the judgment of the court below as the part of the 3th sentence was changed to the part of the defendant.
However, the prosecutor's appeal is with merit, despite the above reasons for reversal.