Text
The defendant's appeal is dismissed.
All the costs of the original judgment and the trial shall be borne by the defendant.
Reasons
1. Summary of grounds for appeal;
A. In the process of filing a petition with the interested victim C, the defendant of mistake of facts only committed an act of assaulting the victim by putting the victim's back head on the hand floor more than two times, and committing an injury on the part of the victim, such as breaking back the victim's back head debt, breaking down the victim's back head debt, or breaking up the victim's inner part, etc. on several occasions, such as drinking and saliving, and saliving it on several occasions as indicated in the facts charged in the instant case.
B. The injured party of the misapprehension of the legal principle does not constitute injury in the crime of injury because the degree of injury is minor.
2. According to the evidence duly admitted and examined by the court below, it is sufficiently recognized that the defendant assaulted the victim as stated in the facts constituting the crime in the judgment of the court below as stated in the judgment of the court below, and used the victim's dysium, such as dysium dysium, solar sysium, inner sysium, and tensions, etc., such as dysium dysium dysium, inner sysium, inner sysium, etc., and when considering the degree of the victim's upper condition, it is reasonable to view that the complete physical nature is damaged and the injury was caused to physiological function, and that the defendant's assertion on a different premise is not accepted in all.
3. In conclusion, the defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the defendant's appeal is with merit, and the costs of the trial by the court below and the party shall be borne by the defendant pursuant to Articles 191 (1), 190 (1) and
However, in the application of the law of the court below, "Articles 70 (1) and 69 (2) of the Criminal Act" is a clerical error in Article 70 and Article 69 (2) of the former Criminal Act before amendment by Act No. 12575 of May 14, 2014.