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The judgment of the court below is reversed.
Defendant
B Imprisonment for 5 months, and Defendant A shall be punished by a fine of 1,000,000 won.
Defendant .
Reasons
1. Summary of grounds for appeal;
A. Each sentence (Defendant B: Imprisonment with prison labor for 5 months, Defendant A: fine of 2 million won) declared by the lower court against the Defendants is too unreasonable.
B. The judgment of the court below which acquitted Defendant A of the charges of assault and bodily injury on the ground that the causal relationship and predictability between the Defendant’s assault and the victim’s injury were acknowledged even if there was a spawnosis by the victim in light of the medical treatment process of the victim of mistake of facts, etc. is erroneous in the misapprehension of facts, which affected the conclusion of the judgment. 2) The above sentence imposed on Defendant A by the court below of unfair sentencing is too uneasible
2. Determination:
A. According to the results of the fact-finding on the hospital that issued the victim's written diagnosis of injury to Defendant A, the court below found that the degree of contribution to the previous chronic complex infection to the victim's dental infection is more than 95%, and thus, there is a causal relationship between Defendant A's assault and the victim's spathy, etc. with the statement of the medical examination of injury and the statement in the victim's investigative agency.
At the time of the above assault, it is difficult to recognize that Defendant A had a possibility of predicting the injury, such as the victim’s escape, etc. at the time of the assault, and considering that there is no other evidence to acknowledge this, Defendant A was acquitted on this part of the facts charged.
The following circumstances revealed by the evidence duly adopted and examined by the court below, namely, ① the doctor in charge at the time of the victim’s oral examination of dental treatment shows severe malutical maritis due to chronic complex infection with the victim’s king witness and chronic complex malutitis, and the victim’s 12 malutism had already been infected or been infected, and the victim’s malutical maritis had already been infected with the victim’s chronic complex malutitis.