폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. Summary of grounds for appeal;
A. In fact, the Defendant did not brut the brue, which is a dangerous object at the time of the instant case, and did not dance his hand on the body of the victim.
B. The punishment of the lower court’s unfair sentencing (one year and six months of imprisonment) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor applied for changes in the name of the defendant to "special injury" (a group, deadly weapon, etc.) and Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act "Article 258-2 (1) and Article 257 (1) of the Criminal Act" as "Article 258-2 (1) of the Criminal Act and Article 257 (1) of the Criminal Act". The prosecutor applied for changes in the name of the defendant to "special injury" at the trial of the party, and the court below was no longer maintained due to the change in the subject matter of the judgment.
However, even if there are reasons for reversal ex officio, the defendant's assertion of mistake is still subject to the judgment of this court, and this is examined below.
3. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the defendant's assertion of misunderstanding of the facts can be sufficiently recognized, and the defendant's assertion of misunderstanding of the facts is without merit.
① The victim D consistently stated to the effect that “the Defendant committed brue to himself, and her by hand,” from the investigation stage to the court of original trial, the victim D consistently stated to the effect that “the Defendant was brue to himself,” and the witness E also heard the sound of the victim who was brue from the investigation stage to the court of original trial, and the Defendant was brue, and the Defendant was brue to brue, and the victim’s head, etc. was flue at the time of the victim’s head, etc.