특정범죄가중처벌등에관한법률위반(운전자폭행등)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. Summary of grounds for appeal;
A. 1) Although the Defendant did not assault the Victim E, the lower court erred by misapprehending the facts and thereby finding the Defendant guilty of this part of the facts charged.
2) The lower court found Defendant 2 guilty of this part of the facts charged on the ground that the Defendant was aware of the body with a pain by the ice R while the body was being taken by the ice R, and the head was in contact with R’s chests, and the lower court did not err by misapprehending the fact that R’s chest was tight and headed.
B. The sentence of the lower court’s unfair sentencing (No. 1: imprisonment with prison labor for 6 months and 2 months: imprisonment with prison labor for 4 months) is too unreasonable.
2. Determination
A. Before deciding on the grounds for appeal by the Defendant’s ex officio, the Prosecutor applied for the amendment of the indictment with respect to “B” in the part of the facts charged of the second judgment on the part of the Defendant’s appeal, i.e., “B” in this part of the judgment of the first instance court, i.e., “B with a bad hand,” the chest of the said R twice in two tights and the head “B,” and the subject of the judgment upon permission by this court, so the judgment of the second instance cannot be maintained any more in this respect.
In addition, this Court held that the appeal cases against the judgment below were consolidated and tried, and that each crime of the judgment below which was consolidated in the trial of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, it should be sentenced to a single sentence within the scope of the term of punishment, which is subject to aggravated concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be exempted from reversal.
However, despite the above reasons for reversal of authority, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court.
B. 1) Judgment on the argument of mistake of facts in the judgment of the court below 1) The victim E is a victim E from the investigative agency to the court.