Text
The judgment below
The part of conviction and the part of the attached list of crimes in paragraph (3) shall be acquitted and the case of attachment order shall be applied.
Reasons
The judgment of the court below held ex officio (as to the guilty part of the judgment of the court below), the prosecutor changed the term "violation of the Punishment of Violences, etc. Act (collective violence, etc.)" from among the names of the crimes against the defendant in the trial of the court below as "special assault"; "Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; and Article 260 (1) of the Criminal Act" from among the applicable provisions of Acts as "Articles 261 and 260 (1) of the Criminal Act"; "Article 261 and 260 (1) of the Criminal Act" as "Article 261 and 260 (1) of the Criminal Act" as "violation of the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.)" as "violation of the Act on the Punishment of Violences, etc. (collective Violence, etc.; Article 260 (2) of the Criminal Act as stated in the judgment of the court below; Article 315 (1) of the former part of the Chemicals Control Act shall be amended to be deemed as one of Article 17 of the same Act.
However, even if there exists such ground for ex officio reversal in the judgment of the court below, the prosecutor's assertion of mistake about the acquittal portion in the judgment of the court below is still subject to the judgment of this court as the ground for appeal.
Judgment on the grounds for appeal (as to the prosecutor's appeal on the non-guilty part of the original judgment)
A. The court below rejected the victim's statement that corresponds to this part of the facts charged and acquitted the victim of this part of the facts charged solely for the reasons stated in the judgment below.