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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for three years from the date this judgment becomes final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. In light of the consistent statement of the victim of misunderstanding of facts, the victim’s portrait photographs, etc., the fact that the defendant inflicted an injury on the victim due to beer can be sufficiently recognized.
Nevertheless, the court below acquitted the defendant of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.).
B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, one year of suspended execution, and 80 hours of community service order) is too uneasible and unreasonable.
2. Judgment on the prosecutor's assertion of mistake of facts
A. The summary of the facts charged (not guilty) around July 23, 2014, the Defendant:30, at the D Sing room 4 located in Gyeonggi-gun, Gyeonggi-gun, for drinking alcohol together with the victim E (5 years of age) on July 23, 2014, broken the beer’s disease, which is a dangerous object on the table without any justifiable reason while drinking alcohol; and then, at the price of the damaged beer’s left eye with the victim’s left eye one time, sustained the victim’s injury that the victim’s treatment days cannot be ascertained.
B. The lower court rendered a not guilty verdict on this part of the facts charged on the grounds that it is difficult to readily conclude that the evidence submitted by the prosecutor alone was the victim with a shoulderer disease, which is a dangerous object, and there is a lack of evidence to acknowledge this.
C. 1) In light of the following circumstances acknowledged by the court below and the evidence duly adopted and examined by the court below, the victim was at the price of beer disease, which is dangerous to the defendant, and the victim was injured.
A) The victim stated in the written statement prepared by the police that “the defendant was at the time of his own resistance to beer and beer. The defendant was at first shouldered and was at low time, and the head of the eyebrow was flick, and the victim was at a part of the eyebrow was flick, and the victim suffered injury.”