The judgment of the court below is reversed.

The sentence against the accused shall be determined by one year and six months of imprisonment.

except that this judgment.

1. Summary of grounds for appeal;

A. Fact-misunderstanding (as to the violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) as indicated in the judgment of the court below), although there is a shouldering of a spawn, there is no fact that the defendant has inflicted a knife on a knife with a fnife.

In the process of expressing the victim himself, only knife the shoulderer's disease on the floor above the floor has knife.

B. The sentence of the lower court’s unfair sentencing (one year and six months of imprisonment with prison labor, three years of suspended execution, and one hundred and sixty hours of community service) is too unreasonable.

2. Determination

A. An ex officio determination prosecutor filed an application for permission to change the name of the crime to “Article 258-2(1) and Article 257(1) of the Criminal Act” under Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act. Since this court permitted this and changed the name of the crime to be judged, the judgment of the court below cannot be maintained.

However, despite the above reasons for reversal of authority, the defendant's assertion of mistake of the above facts is still subject to the judgment of this court.

B. (1) The Defendant alleged to the same effect as the lower court’s judgment on the assertion of mistake of facts.

The lower court rejected the Defendant’s assertion on this issue on the grounds as indicated in its reasoning.

(2) The lower court’s determination is justifiable in light of the following circumstances revealed by the evidence duly admitted and investigated by the lower court in light of the circumstances cited by the lower court in its judgment.

Therefore, the defendant's above assertion is without merit.

(A) From the police to the court of the court below, the victim was drinking together with the Defendant on the day of the instant case from the police to the court of the court below.

from F the wife and destination of the victim.