특수상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. Summary of grounds for appeal;
A. In light of the prosecutor’s (i.e., the victim of mistake of facts, witness’s statement, injury diagnosis report, etc., it is recognized that the Defendant intrudes on the structure indicated in the facts charged by carrying a dangerous article, with a mosar, and the victim’s head was destroyed by the said mosar.
Nevertheless, the judgment of the court below which acquitted the facts charged for special injury and intrusion of special buildings is erroneous in misconception of facts.
B. The sentence of imprisonment (nine months of imprisonment) imposed by the court below on the defendant is unreasonable.
B. The sentence imposed by the lower court is excessively unreasonable.
2. Judgment on the prosecutor's assertion of mistake of facts
A. The summary of this part of the facts charged is as follows: (a) at the office of “law firm C” located in the Nam-gu Incheon Metropolitan City on May 14, 2018, the Defendant got the victim of food waste bags; (b) at the office of “law firm C” located in the Nam-gu Incheon Metropolitan City, the Defendant cut two times the victim’s head head into the Otopipis (hereinafter “har”) and intruded into the building as indicated in the judgment by carrying dangerous things; and (c) inflicted injury on the victim.
B. The lower court rendered a not guilty verdict on this part of the facts charged on the ground that it is difficult to deem that the Defendant was able to prove that he had the victim’s head with health boars as much as the evidence submitted by the prosecutor alone revealing reasonable doubt.
C. (i) In light of the victim’s statement, etc., there is doubt as to whether the Defendant was not an assaulting on the victim’s head by using Oarbamomos, in light of the victim’s statement, etc.
However, in light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, it is reasonable to view that the evidence submitted by the prosecutor alone used by the defendant to assault and inflict bodily injury on the victim.