The judgment below

The acquittal portion shall be reversed.

Of the facts charged in the instant case, the charge of special assault is acquitted.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, the court below acquitted the victim of this part of the facts charged, although the court below acquitted the victim of this part of the charges, which affected the conclusion of the judgment by misunderstanding the facts. The court below erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court (two years of suspended sentence of eight months, and observation of protection) is too uneased and unfair.

2. Determination

A. Before determining the grounds for appeal by the prosecutor’s ex officio, the name of the crime was examined as to the special injury to the victim C (the part not guilty in the judgment of the court below) by the prosecutor, and the applicable legal provision is “Article 258-2(1) and Article 257(1) of the Criminal Act,” and “Articles 261 and 260(1) of the Criminal Act,” and “Article 261 of the Criminal Act,” and “Article 260(1) of the Criminal Act,” as stated in Article 258-2(1) and Article 257(1) of the Criminal Act, and the charges were modified by the court, and thus, the part not guilty in the judgment of the court below was no longer maintained.

B. Of the judgment of the court below regarding the assertion of mistake of facts, the prosecutor's assertion of mistake of facts is still subject to the judgment of this court within the scope of the modified facts charged, and this is examined.

1) On July 24, 2017, the Defendant: (a) around 05:00 on July 24, 2017, on the ground that, while drinking alcohol together with F (45 tax) and victim C (57 tax) on the street in front of the Eart located in Busan Jin-gu, Busan, the Victim and F did not respect the Defendant; (b) the Defendant and the Victim and F (57 f did so so.

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