폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) In relation to the point of injury to carry a deadly weapon with a mistake of fact, there is no fact that the Defendant was committed on the part of the victim, which is a dangerous object, as stated in the facts charged. In relation to the point of rape, the establishment of a sex relationship under a settlement and agreement with the victim is not forced to engage in sexual intercourse by assault or intimidation. 2) The sentence of unfair sentencing (two years of imprisonment) of the lower court is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. The following circumstances are acknowledged in full view of the evidence presented by the court below as to the defendant's assertion of mistake of facts.
① On January 24, 2011, the injured party consistently stated that he was investigated by the police three times on three occasions, while drinking alcohol by the Defendant at the victim’s house and drinking alcohol without permission of the body of the injured party, disregarding himself, etc. on the ground that he was faced with the body, including the face and chest due to drinking, and on the ground that he was disregarding himself. Furthermore, when the last investigation is conducted, the injured party made a statement of the same content in the location of the Defendant, and made a statement in the court below that he was a witness.
② Meanwhile, when examining the victim’s upper body photographs, the victim’s face, chest, breast, ship, side bucks, bucks, paper, etc. In particular, it can be seen that the left side part of the victim’s face contains a hole to a considerable extent. In addition, it is difficult to see that the victim’s front side part of the victim’s face contains a hole to a considerable extent, as alleged by the Defendant, it is difficult to deem that the victim’s front side part of the victim’s face is a body that may occur when drinking and
(3) On the following day of the victim's identity, the defendant shall be a hole in his/her inner body.
The case was created and the case was brupted.
There is no legal theory on fingers and legal relations, so we can see the death of male knife.