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The judgment below
We reverse the part concerning serious injury.
Defendant shall be punished by a fine of KRW 700,000.
Defendant.
Reasons
1. Summary of grounds for appeal;
A. Although the victim and witness E’s statement and certificate of diagnosis can sufficiently recognize this part of the facts charged, the judgment of the first instance that acquitted the Defendant of this part of the facts charged solely based on the mere conceptual and abstract suspicion raised by the Defendant, not reasonable doubt, is erroneous due to erroneous facts.
B. The purpose of this part of the property damage is justifiable inasmuch as the misunderstanding of the legal principles on the part of the property damage occurred while the defendant was in conflict with the victim on the part of the senior citizen's president appointment.
In light of the fact that it was not possible to open a door and enter a door through a key repairer, it was found that the act was urgent and complementary.
As such, the judgment of the first instance court, which held that the act recorded in this part of the facts charged constituted a justifiable act under Article 20 of the Criminal Act, erred by misapprehending the legal doctrine.
2. Determination:
A. Comprehensively taking account of the following circumstances acknowledged by the first instance court and the appellate court’s duly admitted and investigated evidence as to the assertion on the part of injury, the Defendant may be recognized as having inflicted an injury upon the victim D, such as this part of the facts charged, around November 11, 2014.
Therefore, the prosecutor's allegation pointing this out is with merit.
1) The victim’s statement made by the victim D was located inside the investigative agency from the first instance court to the first instance court, and the Defendant was located between the entrance door and the air conditioners of the Defendant, but the Defendant brought about a telephone with TV-competing function.
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“In addition, the Defendant was deprived of her mind by getting tightly off the entrance to the gate of the bridge where she was pushed ahead of her head.”
was stated.
1. The first instance shall be.