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The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of 4,00,000 won, and by a fine of 2,00,000 won.
Reasons
Summary of Grounds for Appeal
Defendant
A The sentence of imprisonment (six months of imprisonment, two years of suspended execution) imposed on Defendant A is too unreasonable.
A public prosecutor (defendant B) states that he/she has consistently faced face from Defendant B in the investigative agency and the court below's decision. According to the above statement A, although it can be sufficiently recognized that Defendant B inflicted an injury on Defendant B, such as light diversity, face, etc., he/she is not guilty of this part of the facts charged, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
Judgment
Before the judgment of the prosecutor's ex officio on the assertion of mistake of facts following the change of indictment, the prosecutor applied for changes in the indictment with the content of changing the facts charged against Defendant B, which was acquitted by the court below, as stated in paragraph (2) of the following facts constituting the crime, and since this court changed its subject to adjudication with permission, the part of acquittal among the judgment below cannot be maintained any more.
However, the prosecutor's assertion of mistake of facts as to this part of the facts charged is still subject to the judgment of this court within the scope of the modified facts charged despite the above reasons for reversal of authority.
In full view of the evidence submitted by the prosecutor, the court below's decision 1 on the prosecutor's argument of misunderstanding the facts, although the victim A, a co-defendant, testified in the court that "the co-defendant was at least several prices of ice digging parts, was faced with face and top after the fighting, and there was any symptoms causing two fightings," the part of the judgment of the court below on the ground that "1. a multi-scopic scopic scopic scoppy, 2.5 scopic scops
3. The escape certificate of up to 4 pages 4, up to 5 pages 5 up to 1,00 up to 1,00;
4. The diagnosis of the urology is called urology, and the hospital which diagnosed A is the diagnosis of the fact-finding fact-finding of this Court.