Text
The judgment of the court below is reversed.
Defendant shall be punished by a fine of two million won.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. In fact, the Defendant did not inflict any injury on the victim M with the right hand of the victim M, with the wheels of the knife and the knife.
B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. The summary of this part of the facts charged and the judgment of the court below 1) On October 22, 2012, the Defendant convicted the Defendant of this part of the facts charged, taking full account of the evidence in the judgment below, the court below found the Defendant guilty of this part of the facts charged on the following grounds: (a) on the ground that the Defendant attempted to distribute the printed items to “victim M is not a member of a clan belonging to the Defendant, among the Defendant; (b) the Defendant requested the suspension of distribution; and (c) the Defendant attempted to bring the printed items to the Defendant; and (d) the Defendant attempted to bring the printed items to the Defendant; (b) the Victim’s damaged the Victim’s son’s son’s kh and kh with the Defendant’s kh to the Defendant, who
B. In a criminal trial for a final judgment, the conviction should be based on evidence with probative value, which makes it possible for a judge to have the truth of the facts charged to the extent that there is no reasonable doubt. If there is no such evidence, even if there is a suspicion of guilt against the defendant, the conviction should be based on the benefit of the defendant.
(대법원 1996. 4. 12. 선고 94도3309판결 등 참조). 이 사건 공소사실에 부합하는 증거로는 피해자의 수사기관 및 원심법정에서의 각 진술만이 있을 뿐인데, 기록에 의하여 인정되는 다음과 같은 사정들 즉, ① 피고인은 수사기관에서부터 당심법정에 이르기까지 피해자가 가져간 유인물을 되찾으려고 피해자를 뒤에서 잡았을 뿐이고 피해자의 오른쪽 손목을 잡아 비틀거나 할퀸 적이 없다는 취지로 일관되게 주장하고 있는 점, ② 피해자는 이 사건과...