The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for the period of four years from the date this judgment became final.

Summary of Grounds for Appeal

The defendant, at the time of the crime of this case, misunderstanding of facts, the defendant committed a knife with the intention to threaten E, and did not actually think of the knife with the knife. On the other hand, the victim was knife with the victim in the process of punishing the defendant, and the victim was knife with the knife. Therefore, the judgment of the court below which convicted the defendant even though the defendant did not have the intention to inflict any injury, is erroneous by misunderstanding

The sentence (three years of imprisonment) of the lower court on the grounds of unfair sentencing is too unreasonable.

Judgment

The following circumstances acknowledged by the court below and the court of first instance as to the assertion of mistake of facts are acknowledged by the evidence duly adopted and investigated by the court below, i.e., at the time of the crime of this case, the defendant made a statement at the prosecutor's office to the effect that he was assaulted by E and the victim (hereinafter referred to as "H") at the time of the crime of this case, and that he had a knife with the knife and knife and knife with E and knife with the knife in order to threaten them, and the victim also stated that he had knife with E and the victim. ② At the time of the crime of this case, the victim also made consistent with the prosecutor's office and the court of first instance, with sound, knife and knife with the victim's statement to the effect that he tried to prevent the defendant. ③ At the time of this case, the victim merely made a confession and its knife with the right side of the defendant.