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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. Summary of grounds for appeal;
A. The fact that there was a vision between the defendant and the victim H. However, the upper part of the victim's upper part is merely a knife that occurred by the victim's knife while the victim goes beyond his own, and there is no knife with the defendant due to a shoulderer disease.
Nevertheless, the judgment of the court below which convicted the defendant of the facts charged is erroneous by misunderstanding facts and affecting the conclusion of the judgment.
B. The sentence sentenced by the lower court to the Defendant (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. Prior to the judgment on the grounds for appeal by the defendant's authority, in the first instance trial, the prosecutor applied for changes in the indictment against the defendant to "special injury" under Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act "Article 258-2 (1) and Article 257 (1) of the Criminal Act" in "Article 258-2 (1) of the Criminal Act and Article 257 (1) of the Criminal Act," and since this court changed the indictment by permission, the part of the judgment below against the defendant cannot be maintained as it is.
However, the defendant's assertion of mistake of facts is still subject to a trial by this court, and this is examined.
B. According to the evidence duly admitted and examined by the court below and the court below, such as the witness H’s statement at the court below and the court below, as to the Defendant’s assertion of mistake of facts, the Defendant can sufficiently recognize the fact that the victim’s knife was injured by knife and knife disease once as stated in the judgment below, so the Defendant’s above assertion by the Defendant is without merit.
3. If so, the judgment of the court below on the defendant's ground of the above ex officio reversal is justified.