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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact-finding or misunderstanding of the legal principles, etc., the Defendant had an intentional injury.
shall not be deemed to exist.
B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.
2. Determination
A. Prior to the judgment on the grounds for ex officio appeal, the Prosecutor applied for amendments to the Bill of Indictment with the effect that “in the case of this case, the fluoring tobacco with fluorites attached,” among the facts charged, “as a dangerous object,” and “the face of the victim three times,” “the victim’s face is two times” was changed to “the victim’s face is changed to two times,” and the judgment of the court below is no longer maintained as it was changed to the subject of the judgment upon permission.
However, the defendant's assertion of mistake of facts is still subject to the judgment of this court despite the above reasons for reversal of authority.
B. According to the evidence duly adopted and examined by the lower court, such as the witness D’s statement in the court’s judgment as to the assertion of mistake of facts or misapprehension of legal principles, the Defendant, around September 19, 2016, at around 00:05, he could be aware that the Defendant, in light of the method and degree of such assault and the part of the injury, he had an intentional injury on the part of the Defendant, by taking out tobacco attached to the left finger and the third finger in the underground parking lot of 104-dong, Seo-gu, Gwangju-gu, about two weeks of the face of the victim.
Since the defendant's mistake or misapprehension of legal principles can be determined by a person, the defendant's assertion of facts is without merit.
3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is again reversed, and the pleading is followed as follows.