특수폭행등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Seized evidence No. 1 shall be confiscated.
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles are not to display a knife to the victim F with the intent to inflict an injury, but only the special assault crime is established, as the injured party F is extremely minor.
B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.
2. Judgment on misconception of facts and misapprehension of legal principles
A. In full view of the following circumstances, which can be acknowledged by evidence duly adopted and investigated by the court below regarding the argument that the knife is not a display of the intent to injure the victim, namely, ① the knife used by the defendant is up to 9cm in knife, 24cm in knife, ② the defendant puts the knife of the victim F in the course of resisting the knife to the victim F in order not to have the knife the knife, ③ the defendant's act was caused by the defendant's act as above, and ③ the defendant's intent to inflict the victim F in knife the knife at least, at the time of displaying the knife, can be sufficiently recognized.
The above defendant's assertion is without merit.
B. The defendant argued that the victim F does not constitute injury, and the court below did not accept the defendant's assertion on the grounds as stated in its reasoning. If the reasoning of the court below is compared with the records, the judgment of the court below is just, and there is no error of law of misunderstanding of facts as alleged by the defendant.
3. The instant case concerning the assertion of unfair sentencing is extremely poor for the Defendant to place violence on a citizen who had a knife while under the influence of alcohol and who does not have a knife without any justifiable reason, and further to the other citizen who seeks to do so, to put the knife on another citizen.
However, the defendant is against the defendant, and the victim F in the court below.