폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that this judgment.
Summary of Grounds for Appeal
Since the crime of mistake or misunderstanding of legal principles constitutes excessive defense due to fear, bad faith, entertainment, or confusion at night, the court below erred by misapprehending the legal principles or misunderstanding of facts, since the crime of this case constitutes an act that cannot be mitigated or exempted from punishment or punishable.
The sentence of unfair sentencing (one year and six months of imprisonment) by the lower court is too unreasonable.
Judgment
According to the judgment of the court below and the evidence duly adopted and examined by this court as to the assertion of misunderstanding of facts or misapprehension of legal principles, the victim has first damaged the defendant's vehicle and continued to destroy the defendant's vehicle, and the defendant thought that the victim would inflict harm on his own wife, and assault the victim and injure the victim, and even if there was any longer danger, even though there was no longer a danger, the defendant suffered injury as stated in the facts of the crime in the judgment of the court below, which caused the victim's loss several times, and it can be recognized that the victim was dead, and the defendant's act exceeded excessive defense in full view of the facts of the above recognition and all the circumstances at the time of the crime of this case. Thus, the above assertion is without merit.
(1) Although the Defendant’s defense counsel is not the reason for appeal, the Defendant’s defense counsel asserted that the Defendant’s act was self-defense on the trial date. However, unless excessive defense is recognized, self-defense is not recognized). The instant crime in determining unreasonable sentencing is an unfavorable circumstance that the Defendant’s act of expressing the net value, which is a dangerous deadly weapon, in the process of disputing with the victim, is not very good, and that the victim’s injury was very serious.
However, there are circumstances to consider the fact that there is no criminal record and the circumstances.