Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) The Defendant was guilty of this part of the facts charged, and the lower court erred by misapprehending the legal doctrine, on the following grounds: (a) the Defendant was guilty of this part of the charges: (b) there was no fact that the Defendant, who was aware of the fact, was drinking alone with golf loans that are dangerous articles, was frightening the victim’s face and arms; and (c) there was no fact that the victim was faced with the victim due to the mistake of assaulting D.
2) The sentence of the lower court (three years of imprisonment) against an unfair defendant in sentencing is too unreasonable.
B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.
2. Determination
A. As to the Defendant’s assertion of mistake of facts, the summary of the facts charged in this part of the charges is as follows: (a) the Defendant, at a greg park located on August 13, 2016, 338 paths ro-ro 338, the tea of the Busan-gun, Busan-gun, about August 13, 2016, did drinking with C (the age of 24).
D and Si reserve, while the victim fights the victim's face at one time on the ground that the victim fights in the middle, he saw the victim's face at one time, and brought about golf bonds ( approximately 90cc in total length) which are dangerous objects of carrying the victim's face and arms, and carried the victim's face and arms on the part of the victim, which are used as drinking by carrying these bonds, and put the victim's alley to the end of about five weeks of treatment for the victim.
2) According to the following circumstances acknowledged by the judgment of the court below and the evidence duly admitted and examined by the court below, the judgment of the court below is just and acceptable, and there is no error of law by misunderstanding the facts alleged by the defendant, as alleged by the defendant.
The victim C stated in the police that “the defendant brought golf loans and 2 to 3 times his/her own spons, and divided his/her body into his/her own spher spice,” and the victim C stated in the lower court (the 48th page of the evidence record).