The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Of the facts charged in the instant case.

1. Summary of grounds for appeal;

A. Defendant 1) With regard to the mistake of facts or misapprehension of legal principles against the Punishment of Violences, etc. Act (injury by group, deadly weapons, etc.), there was no perception or negligence on the fact that the Defendant left chest part of the victim K’s left chest part of the crime. 2) The lower court’s imprisonment (three years of imprisonment) against the Defendant of unreasonable sentencing is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too uncomfortable.

2. Judgment (as to the Defendant’s assertion of mistake or misapprehension of legal principle)

A. The subjective element of the relevant legal doctrine is that the possibility of occurrence of a crime is uncertain and that it is acceptable. In order to have dolusence, the possibility of occurrence of a crime is recognized, as well as that there is an intent to deliberate on the risk of occurrence of a crime. Whether the perpetrator permits the possibility of occurrence of a crime should be determined based on the specific circumstances, such as the form of the act and the situation of the act performed outside the scope of the statement of the offender. In such a case, the psychological state should be confirmed from the perspective of the offender, considering how the possibility of occurrence of the crime can be assessed, and even in such a case, the prosecutor bears the burden of proving the existence of dolus negligence, which is the subjective element of the crime charged. On the other hand, the conviction should be based on evidence with probative value, which leads to the judge's conviction that there is no reasonable doubt. Thus, if there is no such evidence, even if there is no doubt about the defendant's profit, it is inevitable to determine the defendant's profit.

(See Supreme Court Decision 2005Do554 Decided October 7, 2005). B.

Facts of recognition

Dop. Dop.