폭력행위등처벌에관한법률위반(상습상해)등
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. Summary of grounds for appeal;
A. As to Defendant 1’s injury, there is no fact that the Defendant committed an act of assaulting the victim as stated in this part of the facts charged, and the injury suffered by the victim is not caused by the Defendant’s act.
B) As to the obstruction of performance of official duties, the Defendant did not exercise the force to police officers as stated in this part of the facts charged, and the Defendant only passive response against the illegal arrest of police officers, which constitutes self-defense. 2) The sentence of the lower court on unreasonable sentencing (one hundred months of imprisonment) is too unreasonable.
B. In light of the mistake of facts or misapprehension of legal principles as to the defendant's activities for a long time due to organized violence, the criminal records of the defendant, and the circumstances leading to the crime of this case, the court below which did not recognize the defendant's habituality, but did not err by misapprehending the facts about habituality or by misapprehending the legal principles. 2) The sentence of the court below on unreasonable sentencing is too uneasible and unfair.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant and prosecutor.
In the facts charged of this case, the prosecutor applied for changes in the contents of "violation of the Punishment of Violences, etc. Act (Habitual Injury)" as "Habitual Injury", "Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act" among the applicable provisions of this case as "Articles 264 and 257 (1) of the Criminal Act", and "in the case of the second part of the facts charged," "in the case of the first part of the first part of the facts charged, the injury of the first part of the first part of the facts charged to the "in the case of the first part of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the first part and the injury
This part of the facts charged and the remainder of the facts charged should be sentenced to one punishment in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.