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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Summary of Grounds for Appeal
① With regard to the points of a misunderstanding of facts, the Defendant only told G that the victim H was the only victim, and there was no fact at the time of the Defendant’s injury, and ② With regard to the obstruction of performance of official duties, as the Defendant asked the police officer to unfold the wall of the East G, the police officer’s hand in the process of spreading the wall of the above L in the process of spreading the wall, and there was no intention on the part of the Defendant for the obstruction of official duties.
B. The sentence imposed by the lower court on the Defendant (ten months of imprisonment) is too unreasonable.
Judgment
In order to reach the judgment of the court below for a violation of the Punishment of Violences, etc. Act (joint injury), the prosecutor held that "the victim's chest and face is sealed, fatd with bather bat, fatd with bat, fatd with fat, and fatd once, and the victim's face was taken by drinking," and applied for changes in the bill of indictment to "the victim's chest, batd with bat, batd with bat, etc.," and the subject of the judgment of the court below was changed by this court's permission. Thus, the
However, the defendant's assertion of mistake is still subject to the judgment of this court.
The following circumstances acknowledged by the part of the violation of the Punishment of Violences, etc. Act (joint injury) and the evidence duly adopted and investigated by the court below on the assertion of misunderstanding of facts: (i) G stated that the defendant was satisfyed but was unsatisfyed by the court below; and (ii) in the police investigation, when the victim and the defendant were satisfyed, the victim was assaulted by the defendant in the situation where the victim and the defendant were satisfyed; (iii) the victim was satisfyed; and (iv) the CCTV installed in a satisfy, which stated that the victim was satisfyed.