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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of prosecutor's grounds for appeal;
A. In light of the fact-finding fact-finding, the Defendant’s act of causing misunderstanding constitutes a means of the crime of injury, and the Defendant can sufficiently recognize the fact that the victim would be able to go beyond, and thus, the intention of injury is also recognized.
In addition, in relation to the instant case, the above summary order was issued by the summary order (Yan District Court 2014 High Court 2014 High Court 2014 High Court 1453) for the crime of injury.
Nevertheless, the lower court found the Defendant not guilty of the facts charged of the instant injury and committed a mistake that affected the conclusion of the judgment by misunderstanding the fact.
B. The lower court’s suspended sentence of a fine of KRW 300,000 on the grounds that the sentence is too unjustifiable.
2. Determination
A. On February 14, 2014, at around 20:24, the Defendant: (a) refused accounting on the ground that foreign substances (invinyl chloride) entered a cooling surface in front of the restaurant located in Ischeon-si, Leecheon-si; and (b) thereby, the Defendant inflicted injury on the victim, such as the victim’s d(59 years of age) and the flapeded flap, which requires approximately two weeks of treatment on the floor.
B. The lower court found the Defendant and the victim guilty of the crime of assault included in the above facts charged on the ground that the Defendant and the victim met each other in the process of fighting mutual body, and each of the above evidence alone is insufficient to recognize that the Defendant and the victim sustained bodily injury by destroying the victim’s flapsing with flapsing, and that there is no other evidence to acknowledge it, and that there is no other evidence to acknowledge it.
C. The following circumstances, which can be acknowledged by the evidence duly admitted and investigated by the court below, are the victim from the investigative agency to the court below.