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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with labor of one year and two months and by a fine of one hundred thousand won.
Reasons
1. Summary of grounds for appeal;
A. Defendant A (Defendant A) did not inflict the instant injury on Defendant B.
B. The punishment of each of the Defendants (Defendant A: Imprisonment with prison labor of one year and three months, and Defendant B: imprisonment with prison labor of four months) of the judgment of the court below is unfair.
2. Determination on Defendant A’s grounds for appeal
A. Prior to the judgment on the grounds of appeal by Defendant A ex officio, prior to the judgment on the grounds of appeal by the court below, the prosecutor examined “violation of the Punishment of Violences, etc. Act” among the facts charged in the indictment as “violation of the Punishment of Minor Offenses Act” and “Article 7 of the Punishment of Violences, etc. Act” in the provisions of the indictment application as “Article 3 subparag. 1 subparag. 2 of the Punishment of Minor Offenses Act”, and the facts constituting a crime. The entire indictment was prepared on April 26, 2015, and all of the charges stated in the indictment as “The Defendant changed the indictment to the court below’s order by carrying out a deadly weapon (Article 150cc. 150cm in total length), which is a deadly weapon (Article 7 of the Punishment of Violences, etc. Act), which is a deadly weapon (Article 3 subparag. 2 of the Punishment of Minor Offenses, etc. Act), which is located near the construction site of Jinju-jun, the construction site of Defendant A, without good cause.”
However, notwithstanding the above reasons for reversal ex officio, Defendant A’s assertion of mistake as to special injury among the facts charged in the instant case is still subject to a trial by this court, and the following is examined.
B. The following circumstances are acknowledged based on the evidence duly adopted and examined by the lower court and the first instance court on the assertion of mistake of facts: ① immediately after the occurrence of the instant case, Defendant B was treated as a fluority on the creative part of the left hand of the instant case at the ordinary university hospital emergency room; ② the medical records of the ordinary university hospital are examined.