폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
The prosecutor's appeal is dismissed.
1. Summary of grounds for appeal;
A. According to the statement of the victim of mistake of facts, the certificate of injury, and the photograph taken by the injured party, etc., it is recognized that the Defendant was collected from the victim’s left side buckbucks, thereby causing the injury to the victim.
Nevertheless, the judgment of the court below which acquitted the defendant of this part of the facts charged is erroneous in misconception of facts.
B. The sentence imposed by the lower court on the Defendant (eight months of imprisonment and two years of suspended execution) is too uneasible and unfair.
2. Judgment on the assertion of mistake of facts
A. On March 6, 2014, the Defendant: (a) on March 6, 2014, at the house of the Defendant and the victim in Daejeon Seo-gu D, 207 Dong 303, the Defendant: (b) on the part of the Defendant and the victim; (c) on the part of the victim’s male relationship; (d) on the left side of the victim’s buckbucks; and (e) on the left side of the victim, left the back bucks requiring treatment for about ten days.
B. The following facts and circumstances acknowledged by evidence duly adopted and examined by the judgment of the court below and the court of the trial, i.e., (1) the witness C stated that the defendant was faced with the middle part of the back-wing line with the left side of the Defendant at the time (the 82 pages of the trial record). Considering that the Defendant and C faced with each other at the time (the 87 pages of the trial record), it appears that it was difficult for the Defendant to have been faced with the parts pointing out by C, (2) the photographs taken by C alone cannot be seen as having occurred due to any circumstance at any time, and (3) the Defendant appears to have taken plastic agreements with C. In light of the fact that it is not easy for the Defendant to take a buckcon for about 10 days, and (4) at the time of the issuance of the written diagnosis, there is no particular statement submitted by the prosecutor, other than the photograph for the purpose of issuing the written diagnosis.