beta
Text
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
Reasons
1. According to the summary of the grounds for appeal (misunderstanding of facts) the victim’s statement and medical certificate, etc., the lower court, despite recognizing that the Defendant inflicted an injury on the victim, found the Defendant not guilty of the injury.
2. Determination
A. The prosecutor of the Amendments to Bill of Indictment: (a) the facts charged by the court below as the primary facts charged; and (b) the court applied for the amendment to Bill of Indictment with the addition of the facts charged of assault as the conjunctive facts charged; and (c) the subject of the trial is changed by permitting it; and (d) the court below found the defendant guilty of the ancillary facts charged; and (e) the court below's judgment that only is the primary
Despite such reasons for ex officio destruction, the argument that the prosecutor's primary facts of the indictment is still subject to the judgment of this court.
B. On March 17, 2016, the summary of the primary facts charged was assaulted by the victim D, who is the lessee of the second floor of the Defendant’s house in front of the first floor of the Defendant’s house located in Joh-si, Sin-si, Sin-si around 18:16 on March 17, 2016 (the 58 years old), and on the ground that the Defendant stated that the Defendant would bring about the front floor of the main house, and that he would bring about a change in the chemical parts that the Defendant would bring about to the front of the main house, thereby causing injury to the victim, such as a dump dump, etc. on several occasions, for which three weeks of medical treatment is required.
2) The lower court and the lower court held that the part of the victim’s statement that deemed that the Defendant inflicted a bodily injury on the victim is difficult to believe in light of relevant circumstances, and the remaining evidence, such as a medical certificate, a medical certificate, and a written confirmation to release the victim, etc. submitted by the prosecutor, were proven to the extent that the said facts charged are beyond reasonable doubt.
For the reason that it is difficult to see this, the defendant is acquitted.