폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. Summary of grounds for appeal;
A. According to the evidence submitted by the prosecutor, the court below acquitted the victim E, who suffered an injury by carrying a beer's disease, which is a dangerous object, and damaged the victim E's property. The court below erred by misapprehending the facts, which affected the conclusion of the judgment.
B. Defendant (1) was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime.
(2) The sentence imposed by the lower court on the Defendant (eight months of imprisonment) is too unreasonable.
2. Judgment on the prosecutor's assertion
A. On November 8, 2012, the summary of the facts charged (1) of the judgment on the violation of the Punishment of Violences, etc. Act (a) the Defendant: (b) expressed the victim’s desire to “this sprink and the same year,” on the ground that the victim E (she was the Defendant who sprinked him/her without any reason during the influence of alcohol within the 1st room located in Chungcheongnam-gun Dju Island located in Chungcheongnam-gun, Chungcheongnam-do; (c) the victim expressed his/her desire to “this sprinkling and the same year,” and (d) the victim’s head debt flading and destroying the victim’s head debt beyond the bottom, she laid the beer’s part of the victim’s body, which is a dangerous thing in the vicinity, and knee, knee and knee kne spum sp, knee kne, kne-man, etc., by threateninging the victim as a dangerous disease.
(2) The lower court determined as to this part of the facts charged on the ground that there is a witness E’s legal statement, a police statement, etc. as well as the Defendant’s statement to the effect that it is admitted, but according to F and E’s respective statements, field pictures, and diagnosis reports on E, etc., the above evidence alone appears to have been destroyed by the Defendant before the victim E was put into the victim E, and that there was no be a beer disease at the time the victim E was put in the victim E.