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All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than three months.
Reasons
1. Summary of grounds for appeal;
A. Fact misunderstanding 1) Since the Defendant submitted the remainder of the complaint that I mistakend that I had damaged the Defendant’s smartphone drive, the Defendant was guilty of the facts charged in the instant case even though I did not have intention to make a false accusation. The lower court erred by misapprehending the legal principles on facts.
2) Although the Defendant did not have committed assault against the victim, the court below found the Defendant guilty of the facts charged in the instant case. The court below erred by misapprehending the facts.
B. At the time of each crime in the judgment of the first and second instance, the Defendant had no or weak ability to discern things or make decisions due to stimulative disorder.
(c)
The sentencing of the court below 1, 2 is too inappropriate.
2. Determination
A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.
The first and second original courts rendered a judgment to each of the defendants after completing a separate hearing with the Gwangju District Court 2017 High Court 4280, 2017 High Court 384, respectively, against the defendant. The defendant filed each appeal against the first and second original judgment, and the court rendered a decision to concurrently deliberate on the above appeal cases. The between the crimes of the first and second original judgment shall be sentenced to a single sentence within the scope of punishment subject to aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, the first and second original judgment cannot be exempted from all of the appeals.
As above, the Defendant’s misunderstanding of facts and assertion of mental or physical disorder still are subject to the judgment of this court, even if there is a ground for ex officio reversal.
B. Determination 1 on the assertion of mistake of fact 1) The following circumstances, i.e., the investigation agency and the court of original instance, which can be recognized by comprehensively taking into account the evidence duly adopted and examined by the first instance court and the first instance court.