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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 8,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The gist of the grounds of appeal lies in the following: (a) the victim, while fighting with the Defendant consistently from the police to this court, stated that the victim was injured by the injury caused by the mouth, bones, bones, etc. of the victim by taking the left side of the bridge after taking the victim’s fighting back back to his body; (b) the victim’s statement is supported by the victim’s injury diagnosis; (c) the victim’s left side of the bridge is supported by the victim’s statement; and (d) the victim’s opinion that the victim’s injury that may occur only when there is considerable force (in the face of 117 pages), the court below found the facts charged of the instant case, but it erred by misapprehending the facts, thereby not guilty of the instant facts.
(In addition, the court below did not determine the grounds for rejection of the evidence consistent with the victim's statement, such as the victim's medical certificate, a copy of medical records, etc.
A. On April 2, 2013, the Defendant: (a) around 15:50, on the roof of the “D” located in Geumcheon-gu Seoul Metropolitan Government, the Defendant: (b) around April 2, 2013, when the victim E (51 years of age) demanded the Defendant to be subject to death from the previous Defendant; (c) when the victim E demanded the Defendant to be subject to death; and (d) went through mutual fighting, he gets off the victim’s bridge after cutting off the bridge; and (e) had the victim go through a bridge so as to go beyond the victim’s future, and then, (e) sustained injury, such as cutting off and closing at the bottom of the border which is accompanied by approximately 14 weeks of treatment.
B. The lower court’s judgment held that the evidence consistent with the facts charged in the instant case is only the victim’s statement, and the witness F’s statement in investigation agencies and court is the same as the victim’s statement or the victim’s bridge was about to occur while fighting the body of the Defendant and the victim were in force.