Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
1. Summary of grounds for appeal;
A. As to the violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc. Act) (a violation of a group, deadly weapon, etc.), the defendant has inflicted an injury on the victim by drinking or salunching, but there is no fact that he/she has used
In relation to the violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.), the defendant was threatened with the victim while she saws the victim, but there was no fact of carrying or using the knife, which is a dangerous object at the time.
B. The Defendant was in a state of mental disorder under the influence of alcohol at the time of each of the instant crimes.
C. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. As to the violation of the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.), the Defendant denies that there was no fact that the Defendant had used a net, which is a dangerous object at the time of committing the instant bodily injury from the investigation stage to the trial at the time of the instant crime. As such, each statement and investigation report (Evidence No. 19), and photograph (Evidence No. 19) at the investigative agency of the victim E and the court at the court of original instance, as evidence that conforms to the fact that
First, as to the statement of the victim, ① at the time of the crime of injury in this case, the victim saw the victim's breath to the breath parking vehicle in front of the main point of the victim, while being towed to the victim's breath, and breath to the victim's breath, and the victim tried to cut off the breath of the breath.
Defendant consistently made a statement to the effect that he was kneeing with his left head on the net left side, and kneeing on the left side. ② On September 29, 2012, on the day of the instant case, the police officer was dispatched to the police on September 3:27, 2012 upon receipt of a report that there was a violent case before the victim’s main. At that time, the Defendant and the victim were on the front side of the main.