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All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
1. Summary of grounds for appeal;
A. Of the facts charged in this case of mistake of facts, the judgment of the court below which found the defendant guilty despite the fact that there was no fact that the victim G was injured, and the victim was injured as stated in the facts charged, is erroneous in the misconception of facts.
B. The sentence imposed by the lower judgment on the grounds of unfair sentencing (Article 1: 10 months of imprisonment and Article 2: 6 months of imprisonment) is excessively unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, the instant court’s 2014No773 case, which is the appeal case against the judgment of the court of first instance, and the instant court’s 2014No1577 case, which is the appeal case against the judgment of the court of second instance, was consolidated in the proceedings of the oral argument. Each of the offenses in the judgment of the court of first and second is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the extent that aggravating concurrent offenses pursuant to Article 38(1) of the Criminal Act. Therefore, the judgment of the court below cannot be maintained any more.
However, even in this case, the defendant's assertion of mistake of facts is still subject to the judgment of this court, so it will be judged.
3. The following circumstances acknowledged by the evidence duly adopted and examined in the court below's decision on the assertion of mistake of facts, namely, the defendant was under the influence of alcohol at the time, and the defendant was unable to assault others because the left part is cut off. However, the content of the assault in this case appears to be a form of force that can be exercised regardless of whether or not the defendant faces the victim's face by his hand. The victim G appeared as a witness in the court of the court of the court of the court of the court of the court of the court of the court of the court of the court and raised an objection by two times the defendant's desire to dyp the defendant's left face in drinking.
In the entry, the two arms of the defendant were taken, and the defendant attempted to get his head.