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The judgment of the court below is reversed.
The Defendant is not guilty. The summary of the judgment of this case is publicly notified.
Reasons
1. Summary of grounds for appeal;
A. The Prosecutor’s sentence of the lower court (a fine of three million won) is too unhued and unreasonable.
B. (1) The lower court which found Defendant D guilty of the instant facts charged without having inflicted an injury on Defendant D, erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
Dob. The sentence of the lower court on the grounds of unreasonable sentencing (the fine of three million won) is too unreasonable.
2. First of all, we will examine the Defendant’s assertion of mistake of facts regarding the Defendant’s assertion of mistake of facts.
The summary of the facts charged in the instant case is that the Defendant leased part of the first floor in Busan, which was owned by the Defendant on January 2012, 201, to the extent that he was paid KRW 600,000,000 monthly rent from the victim D (Y, 51 years of age) and was demanded by the victim to repair the first floor toilets of the instant building, but did not pay the repair cost to the victim.
On July 25, 2012, at around 16:30 on the front of the “E” road of the above building, the Defendant: (a) expressed the victim’s desire to take the words “E” and “Isday” on the front of the above building; (b) made the victim’s chest part of the victim’s breast part on the left side part of the elbel of elbow, and she turned the victim over the floor.
As a result, the Defendant suffered injury to the victim, such as pressure duplicating 12 times in a 12-day therapy.
B. The lower court found the Defendant guilty on the ground that according to the witness D, F, and G’s legal statement, the injury diagnosis report, and the investigation report (the statement hearing of the intention to issue the injury diagnosis report), the Defendant was found to have inflicted an injury on D.
C. (i) The evidence as shown in the facts charged in the instant case is the witness D and G investigative agencies, the testimony at the court below and the trial court, the testimony at the investigative agencies of the witness F, and the testimony at the court below and the judgment below, the injury diagnosis statement.