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The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) misunderstanding of facts only put the victim into the floor to the extent that the victim took a breathous behavior, and the victim took her breath and breathed a breath by hand. Therefore, the Defendant did not assault the victim as stated in the facts charged, and there was an error of misconception of the facts that found the Defendant guilty of the facts charged in the instant case. 2) The Defendant’s punishment (one year of imprisonment) sentenced by the lower court of unfair sentencing is too unreasonable.
B. Defendant B’s imprisonment (six months of imprisonment) sentenced by the lower court is too unreasonable.
2. Ex officio determination (as to Defendant A), we examine ex officio prior to the judgment on the grounds for appeal by the defendant.
In the trial of the court, the prosecutor applied for changes in the indictment with respect to the applicable provisions of Article 2 (1) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act as "Articles 261 and 260 (1) of the Criminal Act", and the name of the crime "violation of the Punishment of Violences, etc. Act (collective violence, etc.)" to "special violence".
Since this court's permission was changed to the subject of the judgment, the part of the judgment of the court below against the defendant is no longer maintained.
However, despite the above reasons for ex officio destruction, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court.
3. The evidence duly adopted and examined by the lower court regarding Defendant A’s assertion of mistake of facts, namely, the victim, witness F, and G made each of the statements at the court of the lower court and the investigative agency, and the circumstances recognized thereby at the time of the crime, the actions of the Defendant committed by the Defendant at the time of the crime, and the relationship between the Defendant and the victim.