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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal is erroneous in the judgment below that found the Defendant guilty of the facts charged of assault of this case even though the Defendant did not sculp the victim C’s flaps or scule C’s head by sculbling or protebation.
2. Determination
A. The summary of the facts charged of the instant assault and the summary of this part of the facts charged by the lower court are as follows: (a) around September 25, 2015, the Defendant committed assault against the victim C (51 older) who was set off at the taxi in front of the Suwon-ro 227, the Busan Shipping Daegu-ro, on September 25, 2015, about the Defendant’s act of damaging the Defendant’s property from the taxi on the roads of the water cooperative located in the 227-ro, namely, the victim’s breath, and the Defendant’s breath in hand.
In full view of the evidence presented in the judgment below, the court below convicted the above charges.
B. According to the evidence duly adopted and examined by the court below as well as the following circumstances acknowledged by E’s testimony of the witness E of the party concerned, it is not sufficient to recognize this part of the facts charged, and there is no other evidence to acknowledge this otherwise.
C In the police investigation and the court of the court below, “I am the left side of the taxi driver’s seat he gets out of the taxi and protested against the defendant. At this time, the defendant was frighting into the taxi by putting flicking his flick and taking a bath.
After that, the Defendant stated to the effect that “the Defendant had his head as a part of friendly knife through open windows while keeping the support stand part of the taxi windows in Dousan.”
However, the above C’s statement was that the Defendant had a taxi in operation, and it is difficult to understand this situation, and if the Defendant left the taxi immediately after the Defendant’s left side of the driver’s seat and left it out of the taxi, C was directly adjacent to the taxi, but C was her head.