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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. According to the statements, etc. of the victim consistent with the summary of the grounds for appeal, it is sufficiently recognized that the defendant inflicted an injury by pushing the victim as stated in the facts charged.
Nevertheless, the court below rejected the credibility of the victim's statement and rendered a not-guilty verdict on the facts charged only by the testimony of the witness I of the court below. The court below erred in the misapprehension of facts, which affected the judgment.
2. Determination
A. On August 6, 2010, Defendant (Nam, 51) served as a company member in Seo-gu, Seo-gu, Busan, and 1st century, and married with Defendant C (Y, 28 years of age) who is the victim.
At around 16:30 on January 3, 2018, the Defendant was divingd in the Defendant’s residence room located in Seo-gu, Busan, Seo-gu, Busan, but the victim got out of the Republic of Korea together with E (the age of 8) and got out of the Republic of Korea on the ground that he got out of the Republic of Korea with F, a dispute with F, and phoneed with a large amount of interest, etc., and was flicked by another hand.
이에 피해자가 팔을 뿌리치자 ‘나가, 나가, 베트남에 가’라는 등의 말을 하고, 손을 들어 때리려는 시늉을 하며 피해자를 부엌으로 밀고 가서 의자에 앉아 있던 피해자를 밀어 넘어뜨려 부엌문에 피해자의 왼쪽 발목이 부딪치게 하였다.
As a result, the defendant put the victim a scopic rank of the scopical trees and the scopic rank of the scopic rank in need of stability for about four weeks.
B. The lower court determined as follows: “The witness C’s testimony, injury diagnosis statement, investigation report (in addition to emergency medical services log, etc.), emergency medical services log reply, G District 112 report statement in the court of the lower court and investigation agency as evidence consistent with the facts of the prosecution,” and according to this, the victim C suffered bodily injury on January 3, 2018, and the Defendant raised a question as to whether the injury occurred, but the victim suffered bodily injury.