폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, the period of one year from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. Although the Defendant: (a) was a dangerous object of beer disease; and (b) was injured by the victim, there is insufficient proof as to the fact that the Defendant was suffering from beer disease.
In light of the fact that the court below recognized only the crime of injury to the defendant, it erred by mistake.
B. The punishment of the lower judgment that was unfair in sentencing (one year of suspended sentence in April) is too uneasy and unfair.
2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the prosecutor applied for changes in the name of the defendant to "special injury" (a group, deadly weapon, etc.) at the trial of the party, 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," and the court applied for changes in the name of the defendant to "special injury" at the trial of the party, and the judgment of the court below can no longer be maintained due to changes in the subject of the judgment.
However, the prosecutor's assertion of mistake is still subject to the judgment of this court, despite the above reasons for reversal of authority.
3. Judgment on the assertion of mistake of facts
A. On August 5, 2014, at least 00:15, the Defendant’s summary of the facts charged: “D” singing practice room 8, “D” located in Sacheon-si, Sacheon-si; the victim E (46 years old); and the victim E (46 years old); and the Defendant continued to put the talk about the dead kind of flick.
“Along with the meaning of “Acker’s disease, which is a dangerous object on the customer’s face, and the victim was faced with the head of the victim, thereby requiring approximately two weeks of treatment.
B. The lower court determined that the Defendant was suspected of not inflicting an injury on the victim with the same content as the facts charged, but in light of the following circumstances acknowledged by the adopted evidence, the beer who is a dangerous object of the Defendant.