폭력행위등처벌에관한법률위반(공동상해)
All appeals by the Defendants are dismissed.
1. Summary of grounds for appeal;
A. misunderstanding of the facts or misapprehension of the legal principle 1) Defendant A did not inflict an injury upon the victims as stated in the facts charged.
2) Defendant B’s aforementioned act constitutes a legitimate defense under Article 21 of the Criminal Act, on the ground that Defendant B’s aforementioned act constitutes a legitimate defense under Article 21 of the Criminal Act, since Defendant B was tightly tightly tightly tightly tightly populated the victim E in the course of defending the victims by provokinging them.
B. Each sentence of the lower court (Defendant A: 6 months of imprisonment, 2 years of suspended execution, and 240 hours of community service, Defendant B: imprisonment with prison labor for 4 months of suspended execution, 2 years of suspended execution, and 240 hours of community service) against the illegal Defendants is too unreasonable.
2. Determination
A. 1) Judgment on the argument of misunderstanding the facts or misapprehension of the legal principles 1) Judgment on the defendant A's assertion, and the defendant A also asserted the same purport as the above grounds for appeal, and the court below rejected the above argument in detail by giving a detailed statement about the judgment on the 2nd to 6th of the judgment of the court below. In light of the above judgment of the court below compared with the records, the judgment of the court below is justified, and there is an error of misunderstanding the facts as alleged by the defendant A.
subsection (b) of this section.
Therefore, Defendant A’s assertion cannot be accepted.
2) It is common that it is difficult to view that the act of attack and defense was committed annually between Defendant B’s fighting and the person who conducts a fighting and the act of defense constituted “political act” or “political defense” for the purpose of defending one party’s acts by leaving only one party’s acts in the same nature as the act of attack at the same time.
However, even if the outer fighting is viewed as one of the fightings, in fact one of the parties unilaterally commits an illegal attack, and the other party protects himself from such attack and goes off.