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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 500,000.
The above fine shall not be paid by the defendant.
Reasons
1. Although the purport of the grounds for appeal is consistent with the victim’s fighting at the time and place indicated in the facts charged of the instant case, the Korean Tribunal, which claimed the victim’s fighting, was merely the victim’s king certificate, and has no relation to the instant case, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.
2. In other words, the following facts or circumstances acknowledged by the court below by integrating the evidence duly adopted and examined, including the evidence in the evidence Nos. 1 through 4 of the judgment evidence, i.e., the victim appeared to have been diagnosed as “at least honest” through a multiple examination of force prior to this case, and the possibility that the risk may occur due to the shock if the victim was at prices due to considerable strength.
However, in the case of this case, it is difficult to see that there is no proximate causal relation between the defendant's Hawd Hawd's Hawd's Hawd's Hawd's Hawd's Hawd's Hawd's Hawd's Hawd's Hawd's Hawd's Hawd's Hawd's Hawd's Hawd' and the
3. If so, the defendant's appeal on the ground of mistake of facts is with merit, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the facts of the crime and the evidence admitted by this court are as follows. The purport of the court below's finding only the injury except for the damaged part, as seen earlier, of the crime column of the court below. The summary of the facts of the crime and the evidence is as stated in each corresponding column of the court below, and it is true in accordance with Article 369 of the Criminal Procedure Act, since it is the same as stated in the relevant column of the court below.