폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and eight months.
1. Summary of grounds for appeal;
A. Although there was only a fact that the defendant's assertion of mistake of facts was made by drinking the victim, etc., and there was no fact that the victim's head was injured by the two main diseases, which are dangerous objects, the court below erred by misunderstanding the facts charged in this case.
(1) The defendant and his defense counsel stated that they filed an appeal on the grounds of misunderstanding of facts and misunderstanding of legal principles on the date of the first trial of the trial of the party, but examining the purport of the statement, the defendant did not dispute whether the two-way disease is a dangerous thing, but merely argued that the defendant did not inflict any injury on the victim by making the head of the victim's disease.
With regard to the prosecutor and the defendant's assertion of unfair sentencing (one year and eight months of imprisonment), the prosecutor asserts that the sentence is too uneasible and unfair, and the defendant asserts that the sentence is too unreasonable.
2. Judgment on the defendant's assertion of mistake of facts
A. On September 24, 2012, the Defendant, at the Seoul High Court, sentenced two years to imprisonment for violating the Punishment of Violences, etc. Act (organization and activity of organizations, etc.), and completed the execution of the said sentence on January 3, 2014.
At around 02:30 on November 22, 2014, the Defendant: (a) while drinking alcohol at the E-ju shop room located in Namdong-gu Incheon Metropolitan City, the Victim F (33 years of age) was under the influence of alcohol, and (b) when the Victim F (33 years of age) was found, and “G and she is no longer able to get the Victim’s face at one time,” (c) when the Victim’s face was taken two times due to drinking, and the Victim’s head was taken two times due to drinking, and (d) when the Victim’s face was taken more than the Victim’s face, and (e) he had the Ha, which was on the spot, sent the fighting at the above place, again, had the Victim H go with the victim’s face at the above site, and (e) when the Victim’s head was taken at the two main disease, which is a dangerous thing on which the table was filled, and (e) when the Victim’s head was in need of approximately 3 weeks treatment.