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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. Summary of grounds for appeal;
A. Fact-misunderstanding that the defendant abused the victim, but there is no fact that the defendant possessed a knife or inflicted an injury on the victim.
B. The sentence of the lower court’s unfair sentencing (one year and six months of imprisonment) is too unreasonable.
2. We examine ex officio prior to judgment on the grounds for ex officio appeal.
The prosecutor applied for changes in the name of the crime and the applicable legal provisions in the trial in exchange for the same, and the judgment of the court below cannot be maintained as the case is changed as the case is permitted by this court.
However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for reversal of authority.
3. We examine the determination of the assertion of mistake of facts, and the victim D’s statement is relatively consistent, specific, and reasonable from the investigative agency to the court below’s court, and thus, credibility is recognized (the victim also made a statement to the doctor to the effect that “on another person by a deadly weapon.” The victim also made a statement to the purport that “on the following day of the crime of this case,” the victim’s body photograph is also knife or beeed, and E, who observed the situation immediately after the crime of this case, also testified to the effect that “the victim was faced with a blue from the blue.” support the facts charged of this case.
Comprehensively taking account of the evidence duly examined and adopted by the lower court, such as the above evidence, the fact that the Defendant inflicted an injury on the victim by putting the knife.
Therefore, the defendant's assertion of facts is without merit.
4. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the above grounds for reversal of judgment ex officio, and the judgment of the court below is reversed, and it is again decided as follows.
Criminal facts
The substance of the evidence and facts charged by the court.