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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. Summary of grounds for appeal;
가. 사실오인 피고인은 피해자와 서로 욕설을 하며 다투는 과정에서 다친 손으로 들고 있던 플라스틱 컵을 놓쳐 컵 안의 물이 피해자에게 튄 사실은 있으나, 컵을 피해자에게 던지거나 그 안의 물을 피해자에게 뿌려 폭행한 사실은 없다.
B. The court below’s sentence of unfair sentencing (the fine of 500,000 won) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. On October 7, 2013, at around 15:05, the Defendant: (a) abused the water of plastic cups used by the general secretary office with six employees of the third floor of the Daejeon Jung-gu Daejeon metropolitan building, to the face of the victim D (the age of 56).
B. The lower court found the Defendant guilty on this part of the facts charged by comprehensively taking account of the evidence presented in the lower judgment, and found the Defendant guilty of assaulting the matter of plastic cups on the victim’s face.
C. However, it is difficult to accept the judgment of the court below for the following reasons.
In other words, the following circumstances acknowledged by the record: ① The victim found the Defendant as the office on October 7, 2013 at the complaint site submitted to the police on the date of the case to the Do Governor or the Do Governor on the date of the incident, “D, Mad, Mad, Mad, Mad, Mad, Mad', Mad', Mad', Mad', Mad', Mad', Mad', Mad', Mad', Mad', Mad' and sn'd
“Along with the statement to the effect that “A police investigation was made (No. 17 pages of the record of evidence).” The Defendant refused to find the office around 15:00 on October 7, 2013, and refused to do so. The Defendant sent drinking water contained in plastic cups on his/her face once again. In the situation where the employees hear, he/she provided a bath, such as “dial or dial-related addicts,” etc.
“The Defendant, after making a statement to the effect that it was “(30 pages of evidence).” The court below found “the Defendant again in the office on October 7, 2013.”