특수상해
The defendant's appeal is dismissed.
Defendant misunderstanding the summary of the grounds for appeal is not carrying a knife in the course of assault, but knife the knife to the victim after the completion of the assault.
Since the victim was immediately deprived of knife, he/she sustained an injury by carrying dangerous articles.
subsection (b) of this section.
On the contrary, the court below erred by misapprehending the facts.
When committing the instant crime, the Defendant, a mentally and physically weak, was under the influence of alcohol at the time of committing the instant crime, and thus, he/she should be mitigated from punishment.
It is unfair that the sentence of the lower court (eight months of imprisonment) is too unreasonable.
Judgment
As to the assertion of mistake of facts, the lower court determined that the Defendant carried a knife in the course of assault against the victim by taking account of the following circumstances acknowledged through lawful examination of evidence:
① The victim reported 112 on the day of the instant case, and stated to the effect that he/she had a knife, and that he/she did so.
(2) The injured party is under investigation by the police, and the accused has left knife and knife the knife.
The defendant stated that he made a false statement on the defendant's assertion that he did not have any fact in knife.
(3) The injured party shall also be dead while the defendant knife is in the prosecution.
means that the person has committed violence;
Comparedly made statements.
④ Since the victim appears to have made a legal statement to the effect that the Defendant knife knife after the conclusion of the assault, it is difficult to believe it as it is.
Examining the above judgment of the court below in comparison with the records, the judgment of the court below is just, and there is no error in the misapprehension of facts as alleged by the defendant.
According to the evidence duly admitted and examined by the court below on the argument of mental and physical weakness, the defendant was under the influence of alcohol at the time of committing the instant crime.