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The judgment of the court below is reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds of appeal (fact-finding) is that the defendant only found the victim C's shoulder part even after satisfing, and did not inflict an injury on the victim by exercising the force of force as stated in the decision of the court below. However, the court below found the defendant guilty of the facts charged of this case by erroneous determination of facts.
(However, the indictment was amended as follows; the defendant still did not assault the victim; the defendant asserts that there was no violence). 2. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor ex officio examined the name of the crime in the trial “injury” from “injury”, and the applicable provisions of the relevant part are “Article 260(1) of the Criminal Act” from “Article 257(1) of the Criminal Act” and “Article 260(1) of the Criminal Act” as “Article 260(1) of the Criminal Act”. The application for amendment of the indictment with the contents of the charge in this case as stated in the following criminal
In addition, the Defendant denied the facts charged in the instant case at the time of the trial, and this court revoked the order of the original court that decided to judge the confession of the Defendant through a simplified trial procedure in accordance with Article 286-3 of the Criminal Procedure Act on the grounds that the confession of the Defendant was recognized as not reliable during the second trial date, and in this respect, the lower court’
However, the defendant's assertion of misunderstanding of facts is still subject to a trial by this court, notwithstanding the above reasons for ex officio reversal.
3. Comprehensively taking account of the records of police statements by C, which are the evidence duly adopted and examined by the court below and the court below regarding the assertion of mistake of facts, and the records of black boxes and video CDs as to C, the defendant, on the ground that the defendant did not open the front door of the bus to the victim, by cutting down the shoulder part of the victim on the ground that he did not open the front door of the bus, and thereby preventing the victim from protecting the bus driver.