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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. In relation to the crime of bodily injury as stated in the facts of the crime of 1. bodily injury as indicated in the judgment of the court below, the defendant was closely involved in the victim I’s breathide.
However, the causal relationship cannot be recognized since the "scarcity" suffered by the victim is not caused by the defendant's act.
B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment with labor for six months and one year of suspended execution) is too unreasonable.
2. Determination
A. The following circumstances acknowledged by the evidence duly adopted and examined at the lower court and the trial court in relation to mistake of facts: (i) the content of the victim’s injury part of the victim’s body and treatment progress, etc. recorded in the field image and medical records taken on the day of the instant case conforms to the victim’s statement; (ii) the victim’s statement was first received medical treatment on January 2, 2014, when the date of the instant case was the end of the year; and (iii) the victim’s statement was issued on January 13, 2014 after the completion of a definite injury diagnosis; (iv) the victim’s statement was persuasive; and (v) the victim’s injury was likely to be sustained by fighting on January 1, 2014 and January 5, 2014 due to the conflict scene; (v) the victim’s physical injury is difficult to view that the victim’s body was fighting at the time of the victim’s injury; and (v) the victim’s physical injury constituted the victim’s injury’s body’s bridge, etc.
B. Ex officio determination (in relation to the point of joint injury to victimO and the point of joint violence), the lower court ex officio.