A defendant shall be punished by imprisonment for eight years.

Seized evidence No. 1 shall be confiscated.

가. 피고인 1) 사실오인 피고인이 J, M, K에게 직접 황산을 뿌리지 않았을 뿐만 아니라 피해자 E에게 뿌린 황산이 M 등에게 튄 것이 아니라 피해자 E이 고통에 몸부림을 치면서 J에게 황산이 튀거나 M와 K가 피해자 E의 옷을 벗기면서 자신들의 몸에 황산이 묻은 것이어서 피고인에게 J 등에 대한 상해의 고의가 없었음에도 유죄를 선고한 제1심 판결에는 사실을 오인하여 판결에 영향을 미친 위법이 있다. 2) 양형부당 제1심이 선고한 형(징역 15년)이 너무 무거워서 부당하다.

B. A prosecutor 1) misunderstanding the facts that the Defendant made a statement that he would die with the victim E, and after purchasing yellow acid, searched relevant articles such as the case where a person died from yellow terrorism on the Internet and the impact of yellow acid on the human body, etc., on the victim's body, which requires treatment for about 8 weeks, there was a possibility of shocking the image from 10-15% of the body requiring treatment for about 2-3 degrees, and yellow acid could flow out into the victim's face E, thereby the victim E could die. Thus, the defendant could have suffered death, so there was an error of law by misunderstanding the facts in the judgment of the court of the first instance that sentenced the non-guilty verdict of the reason for the crime of murder on the part of the victim, and thereby affecting the conclusion of the judgment.2) The judgment of the court of the first instance, which sentenced the decision of unfair sentencing, is unreasonable.

2. Determination

A. On December 5, 2014, the summary of the facts charged 1 of the judgment on the grounds of appeal for mistake of facts by the Defendant is as follows: (a) the Defendant attended the conciliation procedure regarding the above case of complaint at the F Public Prosecutor’s Office 404 located in I at around 17:4, in the criminal conciliation room of F public prosecutor’s office, and was given an opportunity to put the plastic number containing 1kg in the factory, which is a dangerous object, into the above plastic bottle after a year, and entered the entrance into the criminal conciliation room.