폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Defendant
The appeal is dismissed.
1. Summary of grounds for appeal;
A. In the statement of grounds for appeal filed on March 12, 2015 by a defense counsel for mistake of facts or misapprehension of legal principles within the lawful period of appeal, there was no assertion that illegality is dismissed since the Defendant’s act of assault does not constitute an act contrary to social norms. Since the statement of grounds for appeal filed on September 11, 2015, when the period for submitting the statement of grounds for appeal expires, it cannot be deemed a legitimate ground for appeal.
ex officio, even if the victim E, his father, made a fluorous speech and behavior against the victim E, it cannot be deemed that the illegality of the defendant's act of carrying the victim E's head debt, which is an adult, is excluded from the act that does not go against social norms. In the crime of assault caused by the defendant's own act, the victim E was buckbucks of the defendant, and the defendant's act when the victim E was committed, it cannot be deemed that the illegality is excluded from the act that does not go against social norms.
(1) The facts charged are as follows: (a) the Defendant’s act of inflicting bodily injury and assault (see, e.g., Supreme Court Decision 94Do2781, Jan. 12, 1995) (see, e.g., Supreme Court Decision 94Do2781, Jan. 12, 199); and (b) the Defendant was merely taking the head debt of the Victim E at the time of the prosecution (see, e.g., paragraphs (1) and (2) of this Article); (b) the Defendant was in violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) and was in violation of the Punishment of Violences, etc. Act (see, e.g., Supreme Court Decision 9Do2781, Jan. 12, 1995). There
Furthermore, when the defendant was a victim E is in a situation outside the house when he was a victim E, so the victim E is not in a situation where the victim E can hear one horse, and it cannot be viewed that the defendant threatened the victim E.
B. The sentence of unfair sentencing (eight months of imprisonment, two years of suspended sentence) is too unreasonable.
2. mistake of facts.