사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
1. Summary of grounds for appeal;
A. The Defendant (unfair sentencing)’s punishment of the lower court (three years of imprisonment) is too unreasonable.
B. As to the injury of carrying dangerous articles, the victim’s statement in violation of the Punishment of Violences, etc. Act (a violation of the Act on Punishment of Violences, etc. (a collective deadly weapon, etc.) is partially altered. At the time of the occurrence of the case, it cannot be deemed to be the process to reverse the victim’s statement that it is the process to supplement the part that was partially omitted while a person who clearly damaged himself/herself stated that he/she was interested in the situation at the time of the occurrence of the case. In light of the overall purport of the statement, it is consistent with the facts charged in this part, and the victim’s statement is credibility if the victim’s response was derived from the
On the other hand, the defendant's statement is not reliable because the defendant reverses his statement and does not respond to the trial examination.
In full view of these circumstances, even though the court below found the defendant guilty of this part of the facts charged, there is an error of misconception of facts in the judgment of the court below that acquitted the defendant on the ground of a different judgment of evidence.
In addition, since the court below acknowledged the defendant's head collection and trace of the victim's head, but found the defendant not guilty of the crime of injury or assault, which is a reduced fact, ex officio, there is a mistake in the misapprehension of legal principles in the court below.
2) The sentence of the lower court is too unhued and unreasonable.
2. The prosecutor ex officio conducted a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) that the court below acquitted in the trial (2015 order 735 order) as the primary charge, and applied for the amendment of an indictment to add the criminal facts of the assault recognized below as the preliminary charge, and the court permitted it, thereby changing the subject of the judgment.
This part of the judgment of the court below is guilty.