(영문) 대구지방법원 2014.04.18 2013노2230 | 리걸엔진

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(영문) 대구지방법원 2014.04.18 2013노2230

상해

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The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is that the defendant has a verbal dispute with the victim, but there was no fact or physical contact with the victim.

2. Ex officio determination

A. Before determining on the grounds of appeal by the defendant, the prosecutor examined the case ex officio, and the prosecutor applied for changes in the indictment of this case with the following changes in the indictment of this case. Since this court permitted this, the judgment of the court below was no longer maintained.

However, the defendant's assertion of mistake of facts is still subject to the judgment of this court within the scope of the revised charges, and this is examined below.

B. Around 13:50 on January 23, 2013, the altered charge: (a) the Defendant: (b) on the street in front of the Southern-do Office of the Southern-si, Namyang-do; (c) on the ground that the victim B (54) was able to remove the vinyl owned by the Defendant, over which the boundary of his own dry field was infringed; (d) on the left hand, the victim’s face was humped with the victim’s bat; and (e) on the left hand, the victim’s face was humped with the victim’s bat; and (e) on the part of the victim’s hump, the victim was sumped with an up

3. The following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below on the grounds of appeal: (i) the victim was at the outside of the Myeon office when he/she had a dispute about the removal of the defendant and the bar office as a matter of the removal of the defendant and the bar office; (ii) the defendant consistently stated the form and circumstance of the assault that he/she had taken the face of the victim due to drinking; (iii) the victim was issued medical examination after being provided medical treatment at the hospital on the day of the instant case; and (iv) the victim was in accordance with the form of assault claimed by the victim and the degree of the injury caused by the victim’s death diagnosis report; and (iii) the victim also stated the instant case.

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