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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and ten months.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts or misunderstanding of the legal principles [1] Defendant, in violation of the Punishment of Violences, etc. Act (a group deadly weapon, etc.) stated in paragraph (8) of the crime of the lower judgment, committed a bodily injury with T or carrying dangerous objects, thereby inflicting an injury on W.
shall not be deemed to exist.
2) At the time, the Defendant committed the crime under the mental and physical loss or mental weakness by drinking alcohol.
B. The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.
2. Determination:
A. Prior to the judgment on the Defendant’s argument on the grounds of appeal ex officio, in the first instance trial, the prosecutor applied for changes in the contents of the indictment to “special injury” under Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act, “Article 258-2(1) and Article 257(1) of the Criminal Act” under the applicable law as to the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) among the facts charged in the instant case. This part of the facts charged and the remainder of the facts charged that the lower court found guilty are related to concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the lower court’s judgment cannot be sentenced to one punishment under Article 38 of the Criminal Act.
However, the defendant's assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of this court, and this is examined.
B. 1) In full view of the evidence duly admitted and investigated by the court below and the circumstances acknowledged by the court below as stated in the above evidence, the defendant carried a beer disease, which is a dangerous thing with T and inflicted injury on W.