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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 300,000.
The above fine shall not be paid by the defendant.
Reasons
1. According to the summary of the grounds for appeal at the investigative agency of the victim, L, and K, even if the defendant was found to have inflicted an injury on the victim as stated in the judgment of the court below, on the ground that the victim and L were present as a witness in the court below and made a statement contrary to the statement in the investigative agency, the judgment of the court below which acquitted the defendant on the ground that he was not guilty on the part of the victim
2. Before the judgment on the grounds of appeal by the prosecutor ex officio prior to the judgment on the grounds of appeal by the prosecutor ex officio, the prosecutor tried at the trial of the party, and at the trial of the court below, the defendant's 7th or lower of the facts charged in the instant case, "the defendant sent c, D and the victim's face at several times, and clobs, etc., which require approximately two weeks of treatment by cutting off the floor of bomb, etc." "the defendant committed an act of violence, such as cutting down the victim into a shoulder and shoulder with C and D, cutting down the victim jointly with C and d, cutting down the victim's shoulder and spath, and cutting down the victim's spath, etc., so the defendant's violation of the Punishment of Violences, etc. Act (joint injury)" was "violation of Punishment of Violences, etc. Act (joint violence)" in the applicable provisions of the Act, and thus, the court below's amendment of Article 2(2)3 and Article 257(1) of the Criminal Act to the above application for permission.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the grounds for appeal by the prosecutor, on the ground that the above grounds for reversal are ex officio, and the judgment below is reversed, and the following is
Criminal facts
On March 17, 2012, the Defendant was in front of the Suwon-gu, Busan on March 15, 2012.