폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.
1. In full view of the evidence submitted by the prosecutor, the judgment of the court below which acquitted the defendant on the ground that the defendant saw a saw saw, which is a deadly weapon as stated in the facts charged, and sufficiently recognizes the fact of causing the injury to the victim, is due to the victim's self-harm, is erroneous in the misapprehension of facts or in the misapprehension of legal principles, which affected the conclusion of the judgment.
2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the prosecutor changed the facts charged of this case to the trial of the court below, and the prosecutor changed the facts charged of this case as stated in the following facts to "special intimidation", and the applicable provisions of this case to "Article 3 (1), Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act" applied for changes to "Article 284 and Article 283 (1) of the Criminal Act" and permitted a party member to change them to "Article 283 (1) of the Criminal Act". Accordingly, the judgment of the court below was no longer maintained as it changed to the subject of judgment against the defendant by the party member.
However, the prosecutor's argument of mistake of facts in relation to the revised facts charged is still subject to a party member's judgment.
3. In full view of the evidence duly admitted and examined by the court below, including the prosecutor's argument of mistake of facts concerning the changed facts charged, the defendant's second trial testimony at the court below, and the victim's investigation agency and court below's testimony, witness E and F's investigation agency, and the court below's testimony and seizure protocol, etc., the court below may fully recognize the facts of intimidation by using a saw knife, which is a dangerous thing as the circumstance mentioned in the changed facts charged, and by causing a threat to the victim.
Therefore, the prosecutor's argument that points this out is justified.
4. The judgment of the court below is correct.