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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 300,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal is that there was a fighting between the victim and the victim. However, the court below found the defendant guilty of the facts charged of this case, in violation of the rules of evidence, even though the victim tried to block the defendant's fighting with his hand by pushing the victim's seat and face, such as the facts charged, or there was no fact that the victim's arms were sealed.
2. Determination
A. Ex officio judgment of the court below, the prosecutor applied for permission to modify the indictment as stated in the following facts, and this court permitted this and changed the subject of the judgment.
In this respect, the judgment of the court below is no longer maintained.
B. As to the changed facts charged by the defendant, the defendant still asserts that the victim tried to prevent the defendant from being pushed ahead with his/her hand, such as the grounds for appeal, and that there is no close relation between the victim and the victim.
In light of the evidence duly adopted and examined by the court below and the trial court, such as the victim's testimony at the court below's trial and the result of the verification of closed-circuit twitb in the trial court from 17:32 to 17:40 on the day of the crime of assault under Article 260 (1) of the Criminal Act (see Supreme Court Decision 83Do3186, 83Do535, Feb. 14, 1984). According to the evidence duly adopted and examined by the court below and the trial court, the defendant and the victim have fighting several times during the period from 17:32 to 17:40 on the day of the crime of this case, each of which was punished due to the operation of the restaurant in the front of the day of the crime of this case. The closed-circuit twitb, which was recorded in the process of dispute, had almost two parts of the defendant and the victim with each other in the same time while being in dispute with the other party, sold or sold with the other party.