폭력행위등처벌에관한법률위반(공동상해)
All appeals by the Defendants are dismissed.
1. Summary of grounds for appeal;
A. In the grounds of appeal, the Defendants did not explicitly state the misapprehension of legal principles in the statement of grounds of appeal, but the assertion that “the injured party first brought a deadly weapon with and threatened with a deadly weapon, and did not cause any injury” is included in the victim’s self-defense or legitimate assertion to the effect that the injury occurred in the course of defense against a prior act by the injured party.
The Defendants, on the day of the instant case, stated that the Defendant was guilty of the facts charged while the victim was able to display and threaten a deadly weapon (one of the two keys to plastic keys) by entering the conference room, and did not inflict an injury on the victim, and the victim was also able to knife his key and knife his key. However, the lower court erred by misapprehending the legal principles as to self-defense or legitimate act, thereby adversely affecting the conclusion of the judgment.
B. Even if the facts charged of unfair sentencing are found guilty, the lower court’s punishment (each of 500,000 won) is too unreasonable.
2. As to the assertion of mistake of facts and misapprehension of legal principles, the victim stated in the court of the court below that "the defendant A felbows of the victim by double hand, sealed the victim's belbows with the wall, and divided the victim's belbows into the bel joints in the situation where the victim is expected to have the wall, etc., and the victim stated that "the victim was pushed out of the door," and that the statement about the defendants' acts was consistent with the investigation agency and that the unexperienced person was sent. It is specific that the victim's statement about the defendants' acts was made not only from the investigation agency but also from the investigation agency, and it is also specific that the victim found the felbs of the victim on the right side and on the chest, raised a traffic card on the upper side and the right side by confirming the doctor's intention.