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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
However, the above punishment shall be imposed for three years from the date of the final judgment.
Reasons
Summary of Grounds for Appeal
Defendant
Since there was no direct price for the victim due to beer's disease, the court below erred by misapprehending the fact that the defendant carried dangerous articles and inflicted injury on the victim E.
Although the Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime, the lower court erred by misapprehending the legal doctrine on mental disorder or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
The sentence of unfair sentencing (two years of imprisonment) by the lower court is unreasonable.
The punishment of the court below by the public prosecutor shall be unhued and unreasonable.
Judgment
The judgment of the court below and the defense counsel of the defendant's assertion of mistake of facts in the court below made the same assertion as the above reasons for appeal. The court below acknowledged as follows. ① The victim consistently from investigative agency to court of the court below stated that the victim suffered injury to the right part of the victim by tearing the victim's head by beer disease (the victim's statement is consistent even though already agreed with the defendant at the prosecutor's investigation stage), ② the record at the early evaluation of the emergency room of the hospital treated immediately after the case, stated "the victim's emergency room of the hospital treated immediately after the case's treatment" as "the cause of injury. ③ At the time, the victim's lower part was 3 cm down, and the part of the plaintiff's inner and main play were reduced to a level of 1 cm, and the victim's body part was administered with respect to each of the above injuries, and in light of the contents of the treatment and the photograph of the victim's photograph taken in the emergency room, the victim's injury suffered by the victim was caused as a witness.