폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
1. Summary of grounds for appeal by the defendant;
A. misunderstanding of legal principles: while the Defendant was unable to drink alcohol in the instant danran bar, and was broken by an empty beer with a wall leading to the beer, there was no fact that the Defendant was suffering from wounding the victim, and there was no injury.
In other words, at the time, the Defendant merely put an empty space on the wall because he had good rights with others, and the Defendant did not have any intention to inflict an injury on another person, such as the victim or E, and there was no intention to punish the Defendant as an injury by negligence, apart from the fact that the Defendant may be punished as an injury by negligence, the Defendant cannot be held liable as an intentional crime because he did not have an intention to inflict an injury on the victim, and therefore, a crime of violation of the Punishment of Violences, etc. Act cannot be established.
B. Unreasonable sentencing
2. Determination on the grounds for appeal
A. Regarding the misapprehension of legal principles, the following circumstances are acknowledged by the evidence duly adopted and examined by the court below - (1) - The defendant, as an employee of the bar of this case, found to be a danran bar in order to talk with usual E as an employee of the bar of this case, and at that place, E went out of the Defendant's line and went back to the main place, and Ha going back to the main place. (2) In this case, E moves the defendant into the partitions room (which was made in the shape of "the door board" without installing a separate door at the bar) located on the side of the wall located in the main place where the damage occurred. (3) At that time, the victim was seated in the center of the main place, the wall without the above partitions, and the defendant was in the front of the ward's room, and the defendant was in the front of the ward's room. (4) At that time, the victim was in the front of the ward's room.