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The judgment below
The part of the serious injury shall be reversed.
Defendant shall be punished by a fine of 300,000 won.
The above fine shall be imposed on the defendant.
Reasons
1. According to the evidence submitted by the prosecutor of the grounds of appeal in this case, the following facts can be sufficiently acknowledged: (a) the Defendant inflicted a bodily injury upon the victim’s head knife; and (b) a threat to the victim’s head knife, a dangerous object.
2. In the case of an ex officio trial, the prosecutor applied for permission of changes in the indictment with respect to the injury among the facts charged of this case, and the applicable provisions of this case were changed to the crime of assault, and the trial allowed it.
Accordingly, the judgment of the court below can no longer be maintained as the subject of the judgment of the court below was changed.
However, even if there are such reasons for ex officio destruction, the prosecutor's argument of misunderstanding of facts about the special intimidation is still subject to the judgment of this court, and this is examined.
3. The lower court determined that: (a) it is difficult to believe that each of the statements made by B and G, which correspond to the facts charged, is not sufficient to recognize this part of the charges; and (b) there is insufficient evidence to acknowledge this portion of the charges on the sole basis of the remaining evidence submitted by the Prosecutor in this case; and (c) there is no other evidence to acknowledge this differently.
Examining the original judgment in comparison with records, the lower judgment is justifiable.
The prosecutor's argument of misconception of facts about this part of the facts charged is without merit.
4. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the corresponding part of the judgment below is reversed, and the prosecutor's appeal as to the remaining part is without merit, and it is dismissed pursuant to Article 364(4) of the Criminal Procedure Act.
【The reasoning of the judgment of the court below which re-written on the injured part of the judgment of the court below 【The defendant and the injured party B (the age of 57) were in death relationship.