beta
Text
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
Reasons
1. Summary of grounds for appeal;
A. The Defendant was liable to E while having a de facto marital dispute with E, a de facto marriage spouse, and this was merely against the victim, and did not have been liable with the victim’s intent to inflict an injury.
Nevertheless, the lower court found the Defendant guilty of having inflicted injury on the victim. Therefore, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
B. The court below's decision on the unfair sentencing is too unreasonable to impose a fine of one million won on the defendant.
2. Determination on the grounds for appeal
A. Comprehensively taking account of the evidence duly adopted and examined by the court below as well as the statement of the witnessJ of the trial of the case, the defendant tried to bring about the defendant's book while saving E at the time of the instant case. The defendant made a dispute with E, and the defendant took the responsibility to E during the verbal dispute (the defendant stated that he was at the court of the court below that he was responsible for E, and the witness J was present at the court of the trial, and that he was responsible for the defendant's book). The defendant's book established by the court of the trial was the victim, and the fact that the defendant was faced with the victim's book. Thus, even if there was a mistake in the so-called other attack, it does not interfere with the formation of the crime (see Supreme Court Decision 83Do2813, Jan. 24, 1984). The defendant bears the responsibility to compensate for the victim's injury as long as he had suffered an injury to the victim.
B. Although the determination of the assertion of unfair sentencing was made on the assertion of unfair sentencing, the Defendant was able to inflict an injury on the victim, who is his or her father, and only three years old, but the Defendant was able to bring an injury upon the victim, E in relation to his or her responsibility.