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1. The part of the judgment of the court below in the first instance and the judgment of the court below in its entirety shall be reversed.
2. The defendant shall be punished by imprisonment for two years.
Reasons
1. Summary of grounds for appeal;
A. The respective sentence of the lower court (the first instance judgment: imprisonment of one year and six months, and second instance: imprisonment of one year and six months: fine of eight months and fine of 2,00,000) is too unreasonable.
The Defendant asserted that the lower court erred by misapprehending the legal doctrine on the grounds of appeal against the guilty portion among the lower judgment of the first instance, but rejected the first trial date.
In addition, the Defendant asserted that the judgment of the court below of second instance was in a state of mental and physical weakness at the time of committing the crime on January 17, 2017 through a statement of reasons for appeal filed by the court below, but this is not a legitimate reason for appeal since the Defendant asserted after the Do not timely filing of the appeal (the notice of receipt of records of trial sent to the Defendant by the appellate court of the Daegu District Court prior to transfer to this court was served on the Defendant on December 21, 2016) and it cannot be a legitimate reason for appeal. In full view of the background, content and method of the crime indicated in the record, the Defendant’s attitude before and after the crime, etc., it does not appear that the Defendant had the ability to discern things or make decisions under the influence of alcohol at the time of committing the crime. Accordingly, the above assertion by the Defendant cannot be accepted
B. Prosecutor 1) Fact-finding misunderstanding (the point of injury to U.S. among the judgment of the court below No. 1) (the fact of injury to U.S.) according to the victim U and Y’s statement and the statement in the medical certificate of injury can be sufficiently recognized that the Defendant inflicted an injury on U.S.
In light of the fact that innocence was pronounced, the judgment of the court of first instance erred by misunderstanding the facts, which affected the conclusion of the judgment.
2) The lower court’s sentence 1 is too unhued and unfair.
2. Determination
A. As to the Defendant’s judgment ex officio, the judgment of the court of first instance rendered each of the judgment below, the Defendant was guilty and the judgment of the court of second instance, and the prosecutor filed each appeal against the judgment of the court of first instance against the judgment of the court of first instance, and this court of appeal against the above judgment.