The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, the court below found the defendant guilty of this part of the facts charged on the ground that the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court (six months of imprisonment, confiscation) is too uneased and unfair.

2. Determination

A. The lower court acknowledged the following facts based on the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, namely, ① the victim H, at the time of the instant case at an investigative agency, taken the knife in the knife of the Defendant’s knife.

C. It was believed that knife knife fnife or fnife fnife fnife.

The statement was made (Evidence No. 41, 49, 161 of the evidence record), and the court of the court of the court below, the defendant reported himself to him, and deducted his knife by inserting his knife by inserting his knife, but he also knife his knife and knife his knife with the defendant's hand, and knife his knife his knife by

진술하였는바, 피해자 H이 원심 법정에서 한 진술은 피고인의 일관된 주장에 부합하는 점, ② 또한 피해자 H은 자신의 손에 상처를 입게 된 경위에 관하여 ㉮ 수사기관에서는 자신을 향해 칼을 들고 달려드는 피고인을 넘어뜨려 제압하자 피고인이 자신의 얼굴 쪽으로 칼을 여러 번 휘둘러 이를 막기 위해 칼을 쥔 피고인의 손을 잡다가 자신의 손가락 중지, 약지가 칼에 베여 상처를 입었다고

When the defendant made a statement (Evidence No. 41 side of the evidence record), and again, when the defendant had a knife knife and knife knife his knife, knife knife knife knife knife knife knife knife