무고등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
1. Summary of grounds for appeal;
A. Each appeal 1) The Defendant was living together with the victim C while living together with the victim. During the period of living with the victim, the victim actually committed an indecent act or rape against the defendant, and there was no accusation against the victim.
2) While the Defendant attempted to commit a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) and attempted to do so with a knife at the time, the victim gets knife the Defendant’s hand knife and knife the Defendant’s hand knife and knife the knife, the victim’s arms suffered knife in the above knife, and the Defendant did not inflict an injury on the victim.
B. The sentence of the lower court’s unfair sentencing (two years and six months of imprisonment) is too unreasonable.
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.
In the trial of the party, the prosecutor applied for changes in the name of the crime and the applicable provisions of the Act on the Punishment of Violences, etc. (a group, deadly weapon, etc.) with regard to the violation of the Act on the Punishment of Violences, etc. (a group, deadly weapon, etc.) from among the facts charged
This part of the facts charged and the remaining facts charged which the court below found guilty are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, a sentence should be imposed pursuant to Article 38 of the Criminal Act, so the judgment of the court below cannot be maintained further.
However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for reversal of authority.
3. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and examined by the lower court regarding the assertion of mistake of facts, the facts constituting the crime that the Defendant committed an injury to the victim with a knife, which is a dangerous object, can be sufficiently recognized by the lower court’s judgment.
Therefore, the defendant's assertion of facts is without merit.
(1)