The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. According to the evidence submitted in the summary of the grounds of appeal, the court below erred by misapprehending the facts, on the ground that it is difficult to recognize the Defendant’s intention of injury, and thereby acquitted the Defendant of special injury charges.

2. Determination

A. The summary of the facts charged in the instant case (main facts charged) was raised by the Defendant on January 30, 2018 on the ground that, around 23:35, the Defendant sought a friendly district of 2nd floor C of the B building in Silung-si, and had been working at the said district would make it difficult to prevent the said D from being dry. Around January 30, 2018, the Defendant had a knife (knife length of 21cm), which is a dangerous object on the phish of the said building E, to be kept off.

After the Defendant had knife with D and continued to engage in a dispute with D, and caused the injury of the victim Fbucks, which was fucking on the part of the bucker's bucks, and the Defendant and D were fucking on the right side of the victim Fbucks (the age of 47) who was fighting between the Defendant and D, with the knife for about eight weeks of medical treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

B. The lower court determined that it is difficult to recognize the Defendant’s intentional injury in full view of the circumstances indicated in its reasoning, and that this part of the facts charged constitutes a case where there is no proof of a crime.

(However, the prosecution against the injury caused by negligence in the decision of the court below, which is related to this crime, was dismissed, and the judgment of the court below was not pronounced separately).

Comprehensively taking account of the following circumstances revealed by the evidence duly adopted and investigated by the court below, it can be recognized that at the time of the instant case, the Defendant had the intention to injure D in a knife, and the victim subject to other accidents caused by the so-called knife with a knife.