Text
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Although the summary of the grounds for appeal did not inflict an injury upon the victim, the court below found the defendant guilty of the facts charged in this case. The court below erred by misunderstanding the facts, which affected the conclusion of the judgment.
2. Determination
A. Prior to the judgment on the grounds of appeal by the defendant ex officio, the summary information of the case, and each written judgment (the Busan District Court 2015 High Court 2015 High Court 8474, Busan District Court 2016No. 1667) are as follows: (a) the defendant was sentenced to 8 months of imprisonment on April 28, 2016 due to a violation of the Punishment of Violences, etc. Act (joint injury) at the Busan District Court 2016 and the judgment became final and conclusive on July 21, 2016; and (b) the crime of this case was committed in violation of the Punishment of Violences, etc. Act (joint injury) for which the judgment of the court below became final and conclusive, and the crime of this case was committed in a concurrent relation with each other after Article 37 of the Criminal Act, and after examining whether to reduce or exempt punishment in consideration of equity and equity. Therefore, the judgment of the court below cannot be maintained.
B. In the judgment of the court below on the defendant's assertion of mistake of facts, the defendant's assertion of mistake of facts is still subject to the judgment of the court of this court, and in full view of the evidence duly admitted and examined by the court below, the defendant can sufficiently recognize the fact that the defendant inflicted bodily injury on the victim by placing his part of the victim's neck on several occasions with his left hand and making the victim's right hand knife at one time, and thus, the defendant's assertion is without merit.
3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, on the ground that the above reasoning of the judgment below is reversed ex officio, and it is again decided as follows.
Criminal facts
b) the summary of the evidence and evidence.