A. In other words, according to the prosecutor's (misunderstanding of facts and misapprehension of legal principles as to the judgment of the court below of first instance), the defendant could be found to have committed an act of disturbing drinking and creating unstableness, such as the facts charged in the judgment of the court of first instance, but the court below acquitted the defendant, which erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion

B. Defendant (the judgment of the court below of the second instance: Sentencing)’s punishment (the sentence of imprisonment of eight months) is too unreasonable.

2. Determination

A. On the grounds indicated in its reasoning, the lower court determined that the prosecutor’s mistake and misapprehension of the legal doctrine on the first instance judgment committed an offense identical to the facts charged by the Defendant on the sole basis of the written request for adjudication.

It is proved without reasonable doubt.

It judged that the defendant could not be found guilty, and sentenced the defendant not guilty.

In other words, there is an inquiry about a written request for a trial and a written notification that seems consistent with the facts charged, but the reasons cited by the court below are as follows: (i) the witness I, the main witness of the E, which is the E, stated near the scene of the crime, stated that there is no witness to avoid the disturbance; (ii) the witness J and K of the trial of the party stated in the written request for a trial as a police officer controlling the defendant under this part of the charges, which is not memory as to whether or not the defendant was controlled under this part of the charges.

In contrast to ordinary procedures, the statement, ③ the fact that a report on the self-declaration of the offense stated in the intent of refusing to affix the Defendant’s signature or seal is not submitted, ④ each notice notice notice notice is merely a mechanically registered and printed out the penalty notice. In other words, the above request for a trial is written in detail as to how the Defendant committed an act of disturbance of drinking and an uneasiness and controlled by any circumstance.