폭력행위등처벌에관한법률위반(공동상해)
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. Summary of grounds for appeal;
A. Fact-finding: The defendant has not committed violence against the victim by intentionally pushing the victim.
B. In light of the legal principles, the Defendant first tried to put the clothes of the Defendant to defend or resist the Defendant, and the J, at the same time, who was behind the Defendant, carried the clothes of the victim in order to defend or resist the said clothes. At the same time, the Defendant’s act as stated in the facts charged was deemed lawful or self-defense, even if such act was acknowledged, it does not constitute legitimate act or self-defense.
C. Unreasonable sentencing: The sentence of the lower court (one million won of a fine) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the defendant's right side part of the victim's left part is recognized by the defendant's hand, and the defendant's right side part of the victim's breast part is flick, and the defendant's assertion of mistake of facts is without merit.
B. As seen in the judgment of the misapprehension of the legal principles, it is recognized that the defendant committed active assault, such as the defendant's left part of the victim's left part with his hand, and driving on the right upper part of the victim's upper part of the upper part with his left hand, and driving on the upper part of the victim's chest.
Although the victim seems to have shown that he/she was the victim, and even when he/she was faced with the victim, a person who was behind the defendant, etc. was living together with the defendant, etc., in light of various circumstances, such as the contents of the defendant's act, the circumstances leading to the defendant's act in this case, and the present situation at the time, there is considerable reason to conduct an act to defend the
It is difficult to regard it as an act that does not violate social rules.
Therefore, the defendant's assertion of legal principles is without merit.
C. The extent of damage suffered by the victim due to the defendant's act of determining unfair sentencing.