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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of the facts or misapprehension of the legal principle) is that the Defendant gets the victim to leave and put the victim a door.
There is only a fact that there is no fact that the victim's left hand does not go beyond, and there is no fact that there is an injury to the victim, so there is no relation between the act of the defendant and the injury of the victim.
2. Determination
A. Article 361-5 subparag. 14 of the Criminal Procedure Act as to whether the defendant's loss to the victim's port is recognized and "when a mistake of fact affects the judgment," which is one of the reasons for appeal, means a case where a mistake of fact affected the conclusion of the judgment, and a case where the constituent element evaluation of the crime was directly or indirectly affected by mistake of fact (see, e.g., Supreme Court Decision 96Do1665, Sept. 20, 196). According to the circumstances acknowledged by the evidence duly adopted and examined by the court below, the defendant's loss, which is not the victim's left loss, is recognized.
However, in light of the above legal principles, since the crime that the defendant injured the victim by taking the victim's hand constitutes the crime of injury under Article 257 (1) of the Criminal Act and the legal provision applied by the court below is identical, and the mistake of fact also constitutes a difference in the part where the defendant exercised the tangible power against the victim, such misunderstanding of fact directly or indirectly affected the defendant's order of the court below's decision or the constituent evaluation of the elements of the crime.
shall not be deemed to exist.
Therefore, this does not constitute “when a mistake of fact affects the judgment because it is a mistake of fact” under Article 361-5 subparag. 14 of the Criminal Procedure Act.
In the end, the defendant's assertion of mistake in this part is without merit.
B. The court below has duly adopted and examined the causal relation.