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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the fact that the defendant inflicted an injury on the victim, by plucking, plucking, etc. the victim's fingers for about three weeks to the right, such as salt, tension, etc.
2. Determination
A. The summary of the facts charged is a customer who has been in a cafeteria, and the victim C (the age of 58) is the husband of the cafeteria.
On November 9, 2017, the Defendant, around 23:20, recommended the victim’s wife to drink and return to his house, under the influence of alcohol in the “B cafeteria” located in Daegu-gu, Daegu-gu, that the victim’s wife would drink.
After calculating the drinking value of the Defendant, the victim reported the fact that the victim reported the lag urine urine urine outside of the restaurant, the Defendant saw the lapse, and boomed the lapse, and caused the victim by plucking and plucking the lapse with the right-hand laps, which requires approximately three weeks of treatment.
B. The court below held that each statement was made by the court below and the investigative agency of the victim as evidence directly corresponding to the facts charged of this case, but the court below duly admitted and investigated the following circumstances acknowledged by the evidence. In other words, even if the shape of the upper part of the victim's body (Evidence No. 7 pages), it is difficult to conclude that the above upper part of the defendant merely flicked the victim's hand, such as the victim's statement, and flickly flicked the victim's hand, or flicked the victim's hand, and that the victim flicked the defendant's clothes in the process of flicking the victim's handter in the court of the court below, and stated that the defendant was injured in the process of flicking the victim's body clothes in order to prevent the victim's handblter.