폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that, for three years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The Defendant, at the time of the instant case, killed the victim B by pushing the victim B, and the victim was scambling the Defendant due to an empty beer disease, and was only scam scam scam in order to scam the said beer disease.
Therefore, even though the defendant did not have committed the victim by beer and beer who is a dangerous object, as stated in the facts charged, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.
B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the court below acknowledged the confession of the victim's crime and consistently in the court below. ④ The defendant reversed the above statement without any specific grounds, and denied it in the court of the court below. In light of the defendant's attitude or the above circumstances, it can be seen that ① the defendant made a concrete statement that he had the victim's left head at one time due to an empty beer disease, ② the witness I also made the defendant's head at one time due to an empty beer disease, ③ the defendant also made the victim's head at one time due to an empty beer disease. ③ The defendant made the confession from the investigative agency that "the victim prevented the victim's head at one time due to his beer due to his beer and his beer's disease", and ④ The defendant reversed the above statement without any specific grounds, and considering the above evidence and these circumstances, the defendant's credibility of the confession's statement is much higher than that of the defendant's victim's injury.
B. As to the assertion of unfair sentencing, the defendant does not object to denying his own criminal act in the trial, and the defendant committed the instant crime during the period of suspension of execution.