All
| TITLE | Supreme Court Decision 2023Do10768 Decided November 2, 2023 【Bodily Injury】 [full Text] |
|---|---|
| Summary | |
| 【Main Issue and Holding】 In a case where Party A, who, as a person who registered as a member of a boxing club operated by Director B, received a reprimand from Director B in relation to the revocation of registration, complained to Director B after coming back to the boxing club approximately an hour later; in such process, as Director B pulled Party A’s throat or gripped Party A’s throat after throwing Party A to the ground, a scuffle ensued between Director B and Party A; and the criminal defendant, a coach, who was watching such scuffle, inflicted a fracture on Party A’s fingers by forcing Party A to open his left hand when Party A put his left hand in his pocket and grabbed at an unknown object and thus was indicted for bodily injury, the case holding that the lower court, which found all the charges against the criminal defendant guilty by denying the “reasonable grounds” of the criminal defendant who misunderstood that such act does not constitute a crime at that time, erred and adversely affected the conclusion of judgment by misunderstanding the facts that underlies justifications and by misapprehending the legal principles regarding the existence of reasonable grounds | |
