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The judgment below
The guilty part shall be reversed.
Of the facts charged in the instant case, each of the remaining assault charges is acquitted.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1’s misapprehension of the legal principles stated a separate criminal case as to the first head of the indictment charged in this case. This constitutes grounds for dismissing the prosecution. Of the facts charged in this case, the part of the entry into residence in this case was omitted by the indirect criminal intent control method, and is an illegal indictment as it is based on the facts itself based on false facts. In addition, the remaining part of the facts charged is also illegal prosecution based on the omission of the facts charged as an intermediary ( blood collection part) or the fact that it does not constitute a crime in itself (the part of extraction of the contents in the mouth). Accordingly, a decision of dismissing the prosecution or dismissing the prosecution against the Defendant should be made. 2) As to the fact that the remaining violence committed on February 2, 2009 after obtaining the consent of the mother’s net D (hereinafter “the network”), and thus, the Defendant is not established as a crime of remaining assault.
With respect to the continued assault on February 9, 2009, the act of collecting food in a brue connected to the body of the deceased does not constitute the assault prescribed by the crime of assault.
3) Even if the Defendant’s act constitutes a crime of unfair sentencing, the lower court’s punishment (one month of imprisonment and two years of suspended execution) against the Defendant is too heavy. B. The prosecutor (not guilty: the Defendant was residing in No. 1702 of the building C as stated in the facts charged on the temporary landscape of the instant case, but the lower court deemed that the Defendant was living in the said place, on the ground that the Defendant was only temporarily and temporarily allowed to nurse the Deceased, it cannot be deemed that the Defendant resided in the said
In addition, as long as the defendant has entered the above place with a nurse and a G for a criminal act against the deceased, the defendant's act constitutes a intrusion upon residence.
Nevertheless, the court below erred in this part solely on the ground that the defendant resided in the above place.