폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
except that the ruling shall be made for one year from the date of the final judgment.
1. The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) is not an assault against the victim, but an assault against the victim to prevent the victim in part, such as improvement. The defendant did not have an intention to commit an assault. Even if the above act constitutes an assault, it constitutes self-defense as it is for the victim to attack and defend the defendant first, and thus constitutes self-defense.
2. Determination
A. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor examined the facts charged as "special assault" from "Violation of the Punishment of Violences, etc. Act (collective or deadly weapons, etc.)" to "special assault", and the applicable provisions of this Act to "Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act" to "Articles 261 and 260 (1) of the Criminal Act" to "Article 261 and Article 260 (1) of the Criminal Act", and the judgment of the court below cannot be maintained as it changed
However, despite the above reasons for ex officio reversal, the defendant's assertion of mistake of facts and misapprehension of legal principles is still subject to the judgment of this court.
B. 1) Determination of misunderstanding of facts and misapprehension of the legal principles as to the assertion of facts by the evidence duly adopted and investigated by the court below, i.e., the victim consistently stated in the investigative agency and the court of the court below that the defendant raised a conflict with the victim and made a statement to the effect that he was able to have a part of the victim’s side fright with the victim’s side fright, and that E made a statement consistent with the victim’s statement to the effect that the defendant brought about the victim’s side fright, etc. due to the improvement of the victim’s dispute with the victim, etc. in the court of the court of the court below, it is recognized that the defendant brought an assault against the victim.